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200308909
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200308909
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Last modified
10/16/2011 2:17:47 AM
Creation date
10/21/2005 7:03:58 PM
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DEEDS
Inst Number
200308909
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200308909 <br />V. A. GUARANTEED LOAN AND ASSUMPTION POLICY RIDER <br />NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE <br />APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS <br />OR ITS AUTHORIZED AGENT. <br />THIS V.A. GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 27th day of June, 2003, and is <br />incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt <br />(herein "Security Instrument ") dated of even date herewith, given by the undersigned (herein "Borrower ") to secure the <br />Borrower's Note to A &S Mortgage Services Corp. d/b /a Residential Mortgage Services (herein "Lender ") and covering the <br />property described in the Security Instrument and located at: <br />1419 North Piper Street, Grand Island, NE 68803 <br />[Property Address] <br />V. A. GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, <br />Borrower and Lender further covenant and agree as follows: <br />LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding Four per centum (4.0000 %) of the <br />overdue payment when paid more than Fifteen (15) days after the due date thereof to cover the extra expense involved in <br />handling delinquent payments, but such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the <br />indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs <br />and expenses secured hereby. <br />GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days <br />from the date that this loan would normally become eligible for such guaranty committed upon by the Department of <br />Veterans Affairs under the provisions of Title 38 of the U. S. Code "Veterans Benefits," the Mortgagee may declare the <br />indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights <br />hereunder or take any other proper action as by law provided. <br />TRANSFER OF THE PROPERTY: If all or any part of the Property or any interest in it is sold or transferred, this loan may <br />be declared immediately due and payable upon transfer ( "assumption ") of the property securing such loan to any transferee <br />( "assumer "), unless the acceptability of the assumption and transfer of this loan is established by the Department of <br />Veterans Affairs or its authorized agent pursuant to Section 3714 of Chapter 37, Title 38, United States Code. <br />An authorized transfer ( "assumption ") of the property shall also be subject to additional covenants and agreements as set <br />forth below: <br />(a) ASSUMPTION FUNDING FEE: A fee equal to one -half of 1 percent (.50 %) of the unpaid balance of this <br />loan as of the date of transfer of the property shall be payable at the time of transfer to the mortgagee or its authorized agent, <br />as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall <br />constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at <br />the option of the mortgagee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and <br />payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729(c). <br />(b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption and transfer of <br />this loan, a processing fee may be charged by the mortgagee or its authorized agent for determining the creditworthiness of <br />the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount <br />of this charge shall not exceed the lesser of the maximum established by the Department of Veterans Affairs for a loan to <br />which Section 3714 of Chapter 37, Title 38, United States Code applies or any maximum prescribed by applicable State <br />law. <br />(c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees to <br />assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan, including the <br />obligation of the veteran to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from <br />the guaranty or insurance of the indebtedness created by this instrument. <br />IN WITNESS WHEREOF, Borrower(s) has executed this V. A. Guaranted Loan and A umpti olicy Rider. <br />t <br />Michael J. Donahue <br />Andrea D. Donahue <br />V. A. GUARANTEED LOAN AND ASSUMPTION POLICY RIDER 9192 R03.17i 2 <br />Page l of I <br />
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