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INDEXING INSTRUCTIONS:
[INSERT INDEXING INSTRUCTIONS HERE]
RETURN TO: _______________________ _______________________ _______________________ _______________________
Loan # _________________LOAN MODIFICATION AGREEMENT
(Providing for Fixed Interest Rate)
This Loan Modification Agreement ("Agreement"), made _____________________,
between
________________________________ ________________________________________________________________
("Borrower") and _______________________, a ____________________ corporation, located
at _____________________________, ("Lender"), amends and supplements (1) the Mortgage,
Deed of Trust or Deed to Secure Debt (the "Security Instrument"), dated _________ and
recorded in Book _____ at page ______, of the land Records of ______________________
County, ____________, and (2) the Note bearing the same date as, and secured by, the Security
Instrument, which covers the real and personal property described in the Security Instrument and
defined therein as the "Property," located at _______________, the real property described being
set forth as follows:
In consideration of the mutual promises and agreements exchanged, the parties hereto
agree as follows (notwithstanding anything to the contrary contained in the Note or Securi ty
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Instrument):1. As of ________, the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $________________, consisting of the
amount(s) loaned to the Borrower by the Lender and any interest capitalized to
date.
2. The Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance at
the yearly rate of ____% from __________________. The Borrower promises to
make monthly payments of principal and interest of U.S. $_______________,
beginning on the 1st day of ________________________, and continuing
thereafter on the same day of each succeeding month until principal and interest
are paid in full. If on _____________________ (the "Maturity Date"), the
Borrower still owes amounts under the Note and the Security Instrument, as
amended by this Agreement, the Borrower will pay these amounts in full on the
Maturity Date.
The Borrower will make such payments at ______________ , or at such other
place as the Lender may require.
3. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in the Borrower is sold or transferred and the Borrower is not a
natural person) without the Lender's prior written consent, the Lender may, at its
option, require immediate payment in full of all sums secured by this Security
Instrument. If the Lender exercises this option, the Lender shall give the Borrower
notice of acceleration. The notice shall provide a period of not less than 30 days
from the date the notice is delivered or mailed within which the Borrower must
pay all sums secured by this Security Instrument. If the Borrower fails to pay
these sums prior to the expiration of this period, the Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand
on the Borrower.
4. The Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, including without limitation, the
Borrower's covenants and agreements to make all payments of taxes, insurance
premiums, assessments, escrow items, impounds, and all other payments that the
Borrower is obligated to make under the Security Instrument; however, the
following terms and provisions are forever canceled, mull and void, as of the date
specified in paragraph No. 1 above:
(a) all terms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in
the rate of interest payable under the Note; and
(b) all terms and provisions of any adjustable rate rider or other instrument or
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document that is affixed to, wholly or partially incorporated into, or is part
of, the Note or Security Instrument and that contains any such terms and
provisions as those referred to in (a) above.
5. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except as
otherwise specifically provided in this Agreement, the Note and Security
Instrument will remain unchanged, and the Borrower and Lender will be bound
by, and comply with, all of the terms and provisions thereof, as amended by this
Agreement.
6. Where any provision of this Agreement contradicts any term of a prior agreement between the parties hereto or any predecessor in interest of either party, including
the Security Instrument, this Agreement cancels and supersedes such prior rights
and agreements, whether written or verbal. The parties hereto hereby cancel,
terminate and negate any prior modifications and alterations of the Security
Instrument.
_________________________________(Seal) __________________________
________________Lender - Borrower
By:______________________________ __________________________ - Borrower
__________________________ - Borrower
__________________________
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Single Acknowledgement
STATE OF ________________________
COUNTY OF ______________________
BEFORE ME, the undersigned authority, personally appeared
_______________________, who acknowledged that she/he signed and delivered the above and
foregoing document on the day and year therein stated.
Given under my hand and seal on the ____ day of ______, 20___.
MY COMMISSION EXPIRES: ____________________________________ NOTARY PUBLIC
______________________________ [SEAL]
Lender Acknowledgment
STATE OF ______________
COUNTY OF ____________ BEFORE ME, the undersigned authority, the within named
__________________________, acknowledged to me that she/he is
________________________ of _________________________, a _____________ Corporation
and that she/he signed and delivered the above and foregoing document on behalf of said
Corporation after having been authorized by said Corporation so to do.
GIVEN under my hand and seal on the _____ day of _______________, 20___.
MY COMMISSION EXPIRES: ____________________________________ NOTARY PUBLIC
______________________________ [SEAL]
Prepared by____________________ ____________________ ____________________ ____________________
NOTE: Please use the appropriate acknowledgment for your state. See
http://www.uslegalforms.com/acknowledg.htm for acknowledgments.