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<br />200902956 <br /> <br />501416719 <br />4. Borrower also will comply with all other covenants, agreements, and requirements of the Security <br />Instrument, including without limitation, Borrower's covenants and agreements to make all payments <br />of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that <br />Borrower is obligated to make under the Security Instrument; however, the following terms and <br />provisions are forever canceled, null and void, as of the date specified in paragraph No. I above: <br /> <br />(a) all terms and provisions of the Note and Security Instrument (if any) providing for, <br />implementing, or relating to, any change or adjustment in the rate of interest payable under <br />the Note, including, where applicable, the Timely Payment Rewards rate reduction, as <br />described in paragraph I ofthe Timely Payment Rewards Addendum to Note and paragraph A.I. <br />of the Timely Payment Rewards Rider. By executing this Agreement, Borrower waives any <br />Timely Payment Rewards rate reduction to which Borrower may have otherwise been <br />entitled; and <br /> <br />(b) all terms and provisions of any adjustable rate rider or Timely Payment Rewards Rider, <br />where applicable, or other instrument or document that is affixed to, wholly or partially <br />incorporated into, or is part of, the Note or Security Instrument and that contains any such <br />terms and provisions as those referred to in (a) above. <br /> <br />5. Borrower understands and agrees that: <br /> <br />(a) All the rights and remedies, stipulations, and conditions contained in the Security <br />Instrument relating to default in the making of payments under the Security Instrument <br />shall also apply to default in the making of the modified payments hereunder. <br /> <br />(b) All covenants, agreements, stipulations, and conditions in the Note and Security Instrument <br />shall be and remain in full force and effect, except as herein modified,alld none of the <br />Borrower's obligations or liabilities under the Note and Security Instrument shall be <br />diminished or released by any provisions hereof, nor shall this Agreement in any way impair, <br />diminish, or affect any of Lender's rights under or remedies on the Note and Security <br />Instrument, whether such rights or remedies arise thereunder or by operation of law. Also, <br />all rights of recourse to which Lender is presently entitled against any property or any other <br />persons in any way obligated for, or liable on, the Note and Security Instrument are <br />expressly reserved by Lender. <br /> <br />(c) Borrower has no right of set-off or counterclaim, or any defense to the obligations of the <br />Note or Security Instrument. <br /> <br />(d) Nothing in this Agreement shall be understood or construed to be a satisfaction or release <br />in whole or in part ofthe Note and Security Instrument. <br /> <br />(e) All costs and expenses incurred by Lender in connection with this Agreement, including <br />recording fees, title examination, and attorney's fees, shall be paid by the Borrower and <br />shall be secured by the Security Instrument, unless stipulated otherwise by Lender. <br /> <br />(f) Borrower agrees to make and execute such other documents or papers as may be necessary <br />or required to effectuate the terms and conditions of this Agreement which, if approved and <br />accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assigns <br />of the Borrower. <br /> <br />I,OAN MODlFICA TION AGREEMENT - Single Family - Fannie Mae Uniform Instrument <br />Modified by First Amcrican Loan Production Services <br />First Amcrican Rcal Estate Solutions LLC <br />F ALPS# NEFM3162-3 Rev, 04~ 16-08 <br /> <br />Form 3162 6/06 (pagel 0/5) <br />NEBRASKA <br />