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'\ <br />rn l'\ '\.J <br /> <br />~ t <br /> <br />(....,....." <br />f:,,",~ .::;;;JI <br />t:,:-;:::::' <br /><~ <br /> <br />o (j) <br />o -i <br />c::~ <br />~ rr, <br />-<0 <br />C'l "-1 <br />-1'1 ::-~';~. <br />~',~.~ ~,,;,,'~ <br />r-~TJ <br />r:D- <br />C)) <br />"" <br />1> <br />---- ---- <br /> <br />= <br />.-.) <br />.::.-~ <br /> <br />f--" <br />o <br /> <br />I\J <br />S <br />S <br />en <br />s <br />c.o <br />S <br />I\J <br />S <br /> <br />.-1) <br />::3 <br />f-' <br />r0 <br />W <br />CD <br /> <br />(fl <br />(fl <br /> <br /> <br />LOAN MODIFICATION AND ASSUMPTION <br />AGREEMENT WITH RELEASE <br /> <br />c::> g' <br />N I <br />c:::> <br />C) 0;- <br />m <br /> - <br />C) ;::J <br />CD ~ <br />CJ 3 <br />N a <br />0 <br /> 2 <br /> 0 <br /> <br />IO.~D <br /> <br />WHEREAS, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND <br />ISLAND, hereinafter referred to as "Home Federal", loaned SCOTI A SCHWIEGER. A SINGLE <br />PERSON AND BARBARA M MACE. A SINGLE PERSON hereinafter referred to as "Borrower", the <br />original principal swn of FIFTY THOUSAND SIX HUNDRED TWENTY FIVE AND NOll 00 Dollars <br />($50.625.00). as evidenced by a mortgage note and mortgage/deed of trust dated JULY 13.2000, recorded <br />JUL Y 14.2000 as DOCUMENT # 0200005715 in the Office of the HALL COUNTY REGISTER OF <br />DEED'S OFFICE IN HALL COUNTY, NEBRASKA and <br /> <br />WHEREAS, said Borrowers have sold to the undersigned Purchasers the property legally described <br /> <br />as: <br /> <br />LOT TWO (2), RAUERT SUBDIVISION, HALL COUNTY, NEBRASKA <br /> <br />WHEREAS, Purchasers desire to asswne and pay the remaining indebtedness described above as <br />evidenced by the aforementioned note and mortgage/deed of trust; and <br />WHEREAS, BARBARA M MACE, (As Borrower) desires to be released from any further obligation <br />in respect to the above described note and mortgage/deed of trust; and <br />WHEREAS, Home Federal is willing to permit the assumption by Purchaser of the note and mortgage/deed <br />of trust and release BARBARA M MACE (Borrower) from the obligations evidenced by the aforedescribed <br />note and mortgage/deed of trust; <br />NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: <br />1. The undersigned Purchaser hereby asswnes and agrees to pay the remaining indebtedness <br />evidenced by the aforedescribed note and mortgage/deed of trust and perform all of the obligations provided <br />therein and as modified hereby, it being agreed and understood that as of this date said indebtedness is <br />FORTY ONE THOUSAND NINE HUNDRED SEVENTY FOUR AND 08/100 Dollars ($41.974.08), <br /> <br />2. The terms of the repayment of the debt evidenced by the aforedescribed Note and Deed of Trust <br />will remain in effect until the unpaid balance of said indebtedness shall be at the rate of SEVEN AND ONE <br />EIGHTH PERCENT (7.125%) per annwn., and that monthly payments shall be made commencing on the <br />1 ST day of OCTOBER, 2006, and continuing on the 1 ST day of each month thereafter, it being further <br />agreed that such principal and interest payments shall be in the amount of THREE HUNDRED NINETY <br />AND 16/100 Dollars ($390.16) per month, to be applied first to interest and the balance to principal until <br />said indebtedness is paid in full, and that, in addition, said Purchasers will pay the swn of FIFTY AND <br />62/100 Dollars ($50.62) per month in escrow estimated sufficient to pay taxes and/or insurance on said <br />property, which estimate may be revised from time to time by Home Federal, making a total current payment <br />of FOUR HUNDRED FORTY AND 78/100 Dollars ($440.78) per month. <br /> <br />3. Except as modified hereby, the note and mortgage/deed of trust above described shall remain in <br />full force and effect and the undersigned Purchasers promise to pay said indebtedness as herein stated and to <br />perform all of the obligations of said mortgage/deed of trust as herein revised. <br /> <br />4. By reason of this Loan Modification and Asswnption Agreement, Home Federal hereby releases <br />and discharges the undersigned original Borrower, BARBARA M MACE from her personal obligation upon <br />said indebtedness, <br /> <br />If any term, covenant, restriction or provision of this Agreement is determined to be void, invalid or <br />unenforceable, the remainder of the terms, covenants, restrictions or provisions of this Agreement shall <br />remain in full force and effect, and the provisions of the note and mortgage/deed of trust amended or <br />modified by such void, invalid or unenforceable part hereof shall be reaffirmed and enforceable to the same <br />extent as if this Agreement had not been executed. <br />