On June 08, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
U.S. Bank National Association, As Indenture Trustee, For The Holders Of The Cim Trust 2017-7, Mortgage-Backed Notes, Series 2017-7,
and
Amy L. Sherman Aka Amy L. Wooden,
Christopher S. Wooden Aka Christophe Wooden,
John Doe And Jane Doe,
Sterling Jewelers Inc. Dba Kay Outlet,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Yates County.
Preview
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021
EXHIBIT D
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021
This mortgage is a subprime home loan subject to New York Bankmg Law § 6-m
[Space Reserved for Recording Information]
MODIFICATION AGREEMENT - LIMITED TERM INTEREST ONLY
To the Borrower This Agreement -h-s changes in terms which affect your Loan secured by
the Property d::::?:âd below This is a legal obligation and you should read and üñdêrstand the
terms of this Agreement before you sign it
This Modification Agreement (the "Agreerñêñt") is dated as of 04/11/2016 but effective as of the
Me±f!cat:o= Effective Date defined and between AMY L WOODEN and CHRISTOPHER
herein, by
S WOODEN (collectively, the "Borrower") and Cahber Home Loans, loc , on behalf of the current
investor (the "Servicer")
RECITALS
A Borrower has a mortgage loan account number (the "Loan") This loan is
secured by property commonly referred to as 55 WEST LAKE RD BRANCHPORT NY
14418, (the Property") The legal descnption to the Property may be attached to this
Agreement by the Servicer ifrequired
B Borrower signed the faliGwiñg documents in connection with the Loan
• Note dated 02/25/2008 in theonginal amount of $93 447 76 (the Note")
• Mortgage or Deed ofTrust on the Property, recorded in real records of
property
YATES County NY (the "Mortgage )
• The Note and the Mortgage 1096ther with alldocuments signed at the same time as
the Note and Mortgage are called the "Loan Documents
C Borrower owes the fa;icwing amounts which are now due or which would be due upon
acceleration ofthe Note
Unpaid Pnncipal $66 290 14
Unpaid Interest $8 347 93
Other Unpaid Amounts $1 069 00
Total $75 707 07
inciüded inthe Other Unpaid Amounts is$0 00 the amount that Servicer has advanced
for real property taxes msurance water hens or other amounts that may have become
due with respect to the Property This isknown as the Ancillary Amount
D Borrower is in default for failureto make payments or has demonstrated imminent default
under the terms of the Note Servicer eitherhas accelerated or can accelerate the balance
of the Note which would require the Borrower to pay the Note and allOther Unpaid Amounts
infull
E Borrower has provided information to Servicer and Barrower and Servicer wants to modify
the terms of the Note and Mortgage
MODiFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 2 of 8
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FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021
Borrower and Servicer (collectively the Parties ) agree as follows
1 Borrower's Representations Borrower certifies
that each of these statsmêñts is true
A Borrower isexpenencing a financial hardship and is either indefault for failureto make
payments on the Note or willshortly be in default Borrower does not have sufficient
income or access tosufficient liquidassets to make regular payments on the Note
B The Property has notbeen condemned or isnot subject to condemnation proceedings
C There has been no change in the ownership of the Property since the time the Loan
Documents were signed
D Borrower ha,s given Servicer information allof which is true and accurate regarding
Berrowers income and/or hquid assets (withthe excepeton of any mformation regardmg
Alimony and Child Support payments, unless the Barrawcr wants the Servicer to
consider that tobe income)
E All documents and information BarrGwer has povided to Servicer in connection with this
Agreement are true and correct
F Buffüwêr willobtain credit counselmg withm 30 days of thisagreement ifthe Servicer
requires it Borrower willprovide proof of creditcounseling if required by Servicer
2 Csñ&t.cas to Effectiveness of Agrêêmcnt This Agreement willonly be effective after each
of these events happen
a Borrower must sign and retum a signed onginal of thisAgrõérñéñt to Servicer on or
before 04/30/2016
b Servicer when it receives this Agreement willventy the accuracy of Borrower
representations
c Ifthe Servicer (in itssole discretion)datsimiiiGs that Borrower s representations are
accurate then Servicer willexecute this Agreement and itwillbecome effectiveon
that date (the "Modification Effective Date ) Ifthe Servicer detêrmiñas thatthe
Borrower s representations are not accurate then the Servicer will notify the
Borrower and thisAgreement will notbecome effective
3 Modification of the Loan Documêñts Ifallthe conditions outhned above are met then your
Loan ismodified as follows
Summary ofModification. We may reduce the balance on which interestisaccrumg and we may
lower the interest rate for a penod of time called the Reduction Penod Dunng the Reduction
only"
Penod you willmake mcath:y interest payments (plus Escrow and Ancillary payments)
Certain amounts are deferred meaning thatyou still
owe them but they will be collected by the
Servicer at a later date On the Reduction Penod End Date your Loan and interestrate will
revert to the terms of the operative loan documents and your payinent may increase Deferred
Amounts willremain deferred
New Pnncipal Balance $66,290 14
Modification interest Rate 8 000%
Modification InterestOnly Payment $441 93
Monthly Escrow Payment $295 66
Ancillary Monthly Payment $0 00
Total New Monthly Payment $737 59
MODIFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 3 of 8
Revised 02/201s P_W_LT_10
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021
Reduction Penod End Date 05/01/2021
Deferred Amount $9 416 93
Poncipal Deferred in
Current Modification Agreement $0 00
New Matunty Date (ifapphcable)
Modification Effective Date 05/01/2016
FirstModification Payment Date 06/01/2016
These Definitions apply to the categones above
New Pnncipal Balance This isthe pnncipal balance Servicer has agreed to use for
this modification and is used to calculate your payment If you successfully complete
this modification this is thepnncipal balance upon which mterest will continue to accrue
Modification Interest Rate This is the interest rate that will be ineffect under this
fixed"
Agreement This rateis and willnot change untilthe Reduction Penod End Date
Modification Effective Date This isthe date that interestbegins to accrue at the rate
set forth inthis Agreement
Modification Interest Only Payment This isthe new monthly payment and represents
interest due and payable mcath|y on the New Pnncipal Balance You are not required to
make a payment toward the reduction of pnncipal untilthe Reduction Penod End Date
Because the mterest rate is fixed and will not change untilthe Reduction Penod End
Date this amount will not change unless you make paymêñts to be apphed toward
Pancipal
Monthly Escrow Payment This is your mGñthly payment into an escrow account and
this amount is calculated in accordance with the Loan Documents and State and Federal
law This amount may change from time to time ifescrow items (pnmanly taxes and
insurance) increase or decrease
Ancillary Monthly Payment This includes some or all amounts that Servicer has
advanced for real property taxes insurance water hens or other amcüñts thatmay have
become due with respect to the Property Servicer has spread the repayment of
Anctilary Amounts over a penod of36 months
Total New Monthly Payment This is the sum of the Modification Interest Only
Payment Monthly Escrow Payment and Ancillary Monthly Payment
Reduction Penod End Date This isthe date on which the Modification Interest Rate
willrevert to the interest rate provided for in theoperative loan documents
New Maturity Date This isthe date on which the Note matures
First Modification Payment Date This is the date on which your firstmodified
payment isdue
PLEASE NOTE On the Reduction Penod End Date, this Agreement will terminate and the
interest rate of your Loan will revert to those in your Loan Documêñts This means that
your payment may mcrease because itwill mclude pnncipal and wilt be ce!culated using
the interest rate provided for m the operative loan document
Deferred Amount The Deferred Amount consists of amounts that are due under the
terms of the Note and Loan Documents but which Servicer has agreed to not collect
until payment in fullof the debt or the New Matunty Date whichever happens first
Under the terms of thisAgreement the Deferred Amount may consist of some pnncipal
and can consist of interestdue but not paid outstanding Servicer fees or charges and
advances made by the servicer Deferred Amounts do not accrue mterest
MODiFICATION AGREEMENT LIMITED TERM iNTEREST ONLY Page 4 of 8
Revised 02/2015 P_W_LT_IO
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021
PLEASE NOTE The Deferred Amcüñts will be collected by the Servicer at the earlier of
payment in fullof the Note or the New Maturity Date Ifthe Borrower sells the Property or
refmances the Loan, the Borrower will be required to pay this Deferred Amount in
addition to any other amounts due atthat time Otherwise, these amaüñts are due on the
New Maturity Date and are required to be paid at that time This means that if the
Borrower makes all the payments required by this Agreement the Deferred Amount will
stillbe owed to Servicer
4 Events of Default BoiTõwer willbe indefault and Servicer may terminate thisAgreement if
a Borrower failsto make any payments required by this Agreement withm 15 days of
any due date fora payment at
b Borrower falls to comply with any other terms or conditioñs created by this
Agreement or the Loan Documents
5 Additional Agreements The Parties furtheragree to and acknowisdgê each of the following
A All persons who signed the Loan Documents must sign this document in person or by an
authorized representative (unless an ongmal signor isdeceased) Borrower by signing this
Agreement willbe presumed to have read this Agreement and understand the terms of this
Agreement
B This Agreement takes the place of any other agrasment that Bon-ower may have or have
had inthe past with Servicer includmg any pnor modification or forbearance agreements
C This Agreement cüñstitutes notice that any waiver by the Lender Noteholder or Servicer as
to payment of taxes insurance and other escrow items has been revoked Where e!!owed
under the Loan Documents thisAgreement established an escrow account forthe Loan and
Borrower will make monthly payments toan escrow account established by Servicer These
payments willbe calculated as required by the Loan Documents Servicer will not pay
Borrower mterest on the escrow deposit unless required by State or Federal law
D The Loan Documents are properly and duly executed by allparties who were required to
execute them and are a vahd bmding obligation of the partiesto those documents and each
Loan Document isenforceable in accordance with its
terms
E Except as specificallymodified by thisAgreement the terms of the Loan Documents are in
full force and effect This Agreement does not replace or release any of the Loan
Documents except as specifically modified by thisAgreement
F Ifthe Property is sold transferred orconveyed to any person or entity without the consent of
the Servicer then if allowed by State or Federal law Servicer may termmate this
Agreement and require that the balance of the Note together with any fees and other unpaid
amounts be repaid in full(meaning that Servicer can accelerate the Note ) In thisevent
Servicer willgive you thirty(30) days notice ofAcceleration and if the Note has not been
paid in fullafter that time Servicer may pursue the remedies inthe Mortgage mcluding
foreclosure
G Borrower may not assign and no person other than the Borrower may assume Borrower s
nghts under thisAgreement orthe Loan Documents
H The Servicer may choose towaive a default under this Agreement or the Loan Documents
but a waiver of any event of default will not be understood to waive similar defaults in the
future or other defaults that may occur
I Borrower hereby confirms that this Agreement represents the entire agreement between
Borrower and Servicer with respect to the subject matter herem and that no other pnor
terms obhgations covenants representations statements or cGñditiõñs oral or otherwise of
any kind whatsoever conceming the modification of the Loan Documents that are
inconsistent with the terms of this Agreement shall affectthe Loan Documents or negate the
operation and effect of thisAgreement
MODiFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 5 of 8
Revsed o2r201s 1 P_W_LT_io
.-
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021
J Any expenses incurred in connection with the servicing of the Loan but not yet charged to
the Loan account as ofthe date ofthis Agreement may be changed to the Loan and secured
by the Mortgage after the Modification Effective Date
K IfServicer makes advances for payment of taxes or insurance accrues interest or posts late
or other fees to the Loan each of which ispermissible under the Loan Documents to add to
amounts ûütstanding under the Note between the date Servicer generates thisAgreement
and theFirstModificatióñ Payment Date then these amounts willeither become Deferred
Amounts under the Loan Documents or willbe offset with a portion of Good Faith funds if
app!!ceb!e Any addition ofDeferred Amounts or offset of advances pürsüañt to thissection
willbe reflected on Borrower spenodic statement
L Borrower willexecute such other documents or papers as may be raesonably necessary or
required by Servicer toeffectuate the terms and conditions ofthis Agreement
M Barrcwêi is advised that forgiveness of debt (ifapphcable) may have adverse credit and
legal consequences and may resultin taxable income to Borrower Borrower is advised to
seek advice from an sitcrñéy certifiedpublic accountant or other expert reg:rdmg potential
consequences of any pnncipal reduction Borrower hereby acknowledges that Servicer is
givmg Borrower no such advice
THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE
Notice to Consumers presently m Bankrüptcy or who have a Bankruptcy Discharge Ifyou are a
debtor presently subject to a proceedmg m Bankruptcy Court, or ifyou have g...--aly been
from this a Federal this cemm" at!on is notan attempt
discharged debt by Bankruptcy Court,
to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State
legal obhgations
_ ____
BALLOON PAYMENT DISCLOSURE
This Modification Agisaméñt defers certam aiñGüñts, which creates a balloon that willbe
collected by the Servicer at the earlier of payment in fullof the Note or the maturity date Because
these amounts are not included m your regular scheduled payments, even ifyou make all
payments required by this agreement, the loan willnot be paid m full at matunty You therefore
may be required to pay the entire outstanding be!ance in a smgle payment Neither the Servicer
nor Lender has any obhgation to refinance or to offer you a new loan at matunty You may have
to seek new third-party fmancing and incur other additicña: fmancing costs at the time the
balloon becomes due
MODIFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 6 of 8
Revised 02/201s P_W_LT_IO
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021
In Witness Whereof Servicer and Borrower have executed this M½f±ëtes Agreement as of the dates
indicated below
Borrower L ODE n ignature
Date
HRISTOPHER S WOODEN Ignature
Date
Account Number 9804389360
Cahber H e Loans, Inc on behalf of the current investor
MAY 17 2016
Mod!fication Effective Date
(Determined by Servicer)
St Loss Mttigation
Analyst
MODIFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 7 of 8
Revised 02/2015 P_W_LT_IO
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021
New York Acknowlerigement of Conveyance
State of New York
Ó'
County of C ,
On the day of in theyear ÓÜ |(a before me,
e undersi ned Notary Pubt i and f r sal State personal y appeared
/Òcd3r ~ c . A 31.g7 known to me orproved to me on
ersonally
the babis o satisfactoryevidence to be the individual(s)whose name(s) is(are) subscnbed tothe within
instrument and ackñüvviédged to me that he/she/they éxecuted the same m his/her/their capacity(les)
and thatby his/her/their signature(s) on the instrumêñt the indivilduai(s) orthe person upon behalf of
which the individual(s)acted executed the instrument
Notary Signatur 1Â 1 t Q n
Pnnted Name Jdic W 8
Borrowerfs) and notarv must sign alldocuments on the same day Dorrower(s) cannot sign any
other documents pnor or afterthe notary date (rewsed w2SVf
Stamp Seal Below
JULIE M S'MMONS
Notary Pt,blicStateof New York
No 31Sl5077918
0ualifiedin retesCounty
Commission Expiras March 3
MODIFicATION AGREEMENT UMITED TERM INTEREST ONLY Page 8 of 8
Revised 02/2015 P_W_LT 10
Document Filed Date
June 08, 2021
Case Filing Date
June 08, 2021
Category
Real Property - Mortgage Foreclosure - Residential
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Preview
FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021 EXHIBIT D FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021 This mortgage is a subprime home loan subject to New York Bankmg Law § 6-m [Space Reserved for Recording Information] MODIFICATION AGREEMENT - LIMITED TERM INTEREST ONLY To the Borrower This Agreement -h-s changes in terms which affect your Loan secured by the Property d::::?:âd below This is a legal obligation and you should read and üñdêrstand the terms of this Agreement before you sign it This Modification Agreement (the "Agreerñêñt") is dated as of 04/11/2016 but effective as of the Me±f!cat:o= Effective Date defined and between AMY L WOODEN and CHRISTOPHER herein, by S WOODEN (collectively, the "Borrower") and Cahber Home Loans, loc , on behalf of the current investor (the "Servicer") RECITALS A Borrower has a mortgage loan account number (the "Loan") This loan is secured by property commonly referred to as 55 WEST LAKE RD BRANCHPORT NY 14418, (the Property") The legal descnption to the Property may be attached to this Agreement by the Servicer ifrequired B Borrower signed the faliGwiñg documents in connection with the Loan • Note dated 02/25/2008 in theonginal amount of $93 447 76 (the Note") • Mortgage or Deed ofTrust on the Property, recorded in real records of property YATES County NY (the "Mortgage ) • The Note and the Mortgage 1096ther with alldocuments signed at the same time as the Note and Mortgage are called the "Loan Documents C Borrower owes the fa;icwing amounts which are now due or which would be due upon acceleration ofthe Note Unpaid Pnncipal $66 290 14 Unpaid Interest $8 347 93 Other Unpaid Amounts $1 069 00 Total $75 707 07 inciüded inthe Other Unpaid Amounts is$0 00 the amount that Servicer has advanced for real property taxes msurance water hens or other amounts that may have become due with respect to the Property This isknown as the Ancillary Amount D Borrower is in default for failureto make payments or has demonstrated imminent default under the terms of the Note Servicer eitherhas accelerated or can accelerate the balance of the Note which would require the Borrower to pay the Note and allOther Unpaid Amounts infull E Borrower has provided information to Servicer and Barrower and Servicer wants to modify the terms of the Note and Mortgage MODiFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 2 of 8 Rewsed 02/2015 P_W_LT_IO FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021 Borrower and Servicer (collectively the Parties ) agree as follows 1 Borrower's Representations Borrower certifies that each of these statsmêñts is true A Borrower isexpenencing a financial hardship and is either indefault for failureto make payments on the Note or willshortly be in default Borrower does not have sufficient income or access tosufficient liquidassets to make regular payments on the Note B The Property has notbeen condemned or isnot subject to condemnation proceedings C There has been no change in the ownership of the Property since the time the Loan Documents were signed D Borrower ha,s given Servicer information allof which is true and accurate regarding Berrowers income and/or hquid assets (withthe excepeton of any mformation regardmg Alimony and Child Support payments, unless the Barrawcr wants the Servicer to consider that tobe income) E All documents and information BarrGwer has povided to Servicer in connection with this Agreement are true and correct F Buffüwêr willobtain credit counselmg withm 30 days of thisagreement ifthe Servicer requires it Borrower willprovide proof of creditcounseling if required by Servicer 2 Csñ&t.cas to Effectiveness of Agrêêmcnt This Agreement willonly be effective after each of these events happen a Borrower must sign and retum a signed onginal of thisAgrõérñéñt to Servicer on or before 04/30/2016 b Servicer when it receives this Agreement willventy the accuracy of Borrower representations c Ifthe Servicer (in itssole discretion)datsimiiiGs that Borrower s representations are accurate then Servicer willexecute this Agreement and itwillbecome effectiveon that date (the "Modification Effective Date ) Ifthe Servicer detêrmiñas thatthe Borrower s representations are not accurate then the Servicer will notify the Borrower and thisAgreement will notbecome effective 3 Modification of the Loan Documêñts Ifallthe conditions outhned above are met then your Loan ismodified as follows Summary ofModification. We may reduce the balance on which interestisaccrumg and we may lower the interest rate for a penod of time called the Reduction Penod Dunng the Reduction only" Penod you willmake mcath:y interest payments (plus Escrow and Ancillary payments) Certain amounts are deferred meaning thatyou still owe them but they will be collected by the Servicer at a later date On the Reduction Penod End Date your Loan and interestrate will revert to the terms of the operative loan documents and your payinent may increase Deferred Amounts willremain deferred New Pnncipal Balance $66,290 14 Modification interest Rate 8 000% Modification InterestOnly Payment $441 93 Monthly Escrow Payment $295 66 Ancillary Monthly Payment $0 00 Total New Monthly Payment $737 59 MODIFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 3 of 8 Revised 02/201s P_W_LT_10 FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021 Reduction Penod End Date 05/01/2021 Deferred Amount $9 416 93 Poncipal Deferred in Current Modification Agreement $0 00 New Matunty Date (ifapphcable) Modification Effective Date 05/01/2016 FirstModification Payment Date 06/01/2016 These Definitions apply to the categones above New Pnncipal Balance This isthe pnncipal balance Servicer has agreed to use for this modification and is used to calculate your payment If you successfully complete this modification this is thepnncipal balance upon which mterest will continue to accrue Modification Interest Rate This is the interest rate that will be ineffect under this fixed" Agreement This rateis and willnot change untilthe Reduction Penod End Date Modification Effective Date This isthe date that interestbegins to accrue at the rate set forth inthis Agreement Modification Interest Only Payment This isthe new monthly payment and represents interest due and payable mcath|y on the New Pnncipal Balance You are not required to make a payment toward the reduction of pnncipal untilthe Reduction Penod End Date Because the mterest rate is fixed and will not change untilthe Reduction Penod End Date this amount will not change unless you make paymêñts to be apphed toward Pancipal Monthly Escrow Payment This is your mGñthly payment into an escrow account and this amount is calculated in accordance with the Loan Documents and State and Federal law This amount may change from time to time ifescrow items (pnmanly taxes and insurance) increase or decrease Ancillary Monthly Payment This includes some or all amounts that Servicer has advanced for real property taxes insurance water hens or other amcüñts thatmay have become due with respect to the Property Servicer has spread the repayment of Anctilary Amounts over a penod of36 months Total New Monthly Payment This is the sum of the Modification Interest Only Payment Monthly Escrow Payment and Ancillary Monthly Payment Reduction Penod End Date This isthe date on which the Modification Interest Rate willrevert to the interest rate provided for in theoperative loan documents New Maturity Date This isthe date on which the Note matures First Modification Payment Date This is the date on which your firstmodified payment isdue PLEASE NOTE On the Reduction Penod End Date, this Agreement will terminate and the interest rate of your Loan will revert to those in your Loan Documêñts This means that your payment may mcrease because itwill mclude pnncipal and wilt be ce!culated using the interest rate provided for m the operative loan document Deferred Amount The Deferred Amount consists of amounts that are due under the terms of the Note and Loan Documents but which Servicer has agreed to not collect until payment in fullof the debt or the New Matunty Date whichever happens first Under the terms of thisAgreement the Deferred Amount may consist of some pnncipal and can consist of interestdue but not paid outstanding Servicer fees or charges and advances made by the servicer Deferred Amounts do not accrue mterest MODiFICATION AGREEMENT LIMITED TERM iNTEREST ONLY Page 4 of 8 Revised 02/2015 P_W_LT_IO FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021 PLEASE NOTE The Deferred Amcüñts will be collected by the Servicer at the earlier of payment in fullof the Note or the New Maturity Date Ifthe Borrower sells the Property or refmances the Loan, the Borrower will be required to pay this Deferred Amount in addition to any other amounts due atthat time Otherwise, these amaüñts are due on the New Maturity Date and are required to be paid at that time This means that if the Borrower makes all the payments required by this Agreement the Deferred Amount will stillbe owed to Servicer 4 Events of Default BoiTõwer willbe indefault and Servicer may terminate thisAgreement if a Borrower failsto make any payments required by this Agreement withm 15 days of any due date fora payment at b Borrower falls to comply with any other terms or conditioñs created by this Agreement or the Loan Documents 5 Additional Agreements The Parties furtheragree to and acknowisdgê each of the following A All persons who signed the Loan Documents must sign this document in person or by an authorized representative (unless an ongmal signor isdeceased) Borrower by signing this Agreement willbe presumed to have read this Agreement and understand the terms of this Agreement B This Agreement takes the place of any other agrasment that Bon-ower may have or have had inthe past with Servicer includmg any pnor modification or forbearance agreements C This Agreement cüñstitutes notice that any waiver by the Lender Noteholder or Servicer as to payment of taxes insurance and other escrow items has been revoked Where e!!owed under the Loan Documents thisAgreement established an escrow account forthe Loan and Borrower will make monthly payments toan escrow account established by Servicer These payments willbe calculated as required by the Loan Documents Servicer will not pay Borrower mterest on the escrow deposit unless required by State or Federal law D The Loan Documents are properly and duly executed by allparties who were required to execute them and are a vahd bmding obligation of the partiesto those documents and each Loan Document isenforceable in accordance with its terms E Except as specificallymodified by thisAgreement the terms of the Loan Documents are in full force and effect This Agreement does not replace or release any of the Loan Documents except as specifically modified by thisAgreement F Ifthe Property is sold transferred orconveyed to any person or entity without the consent of the Servicer then if allowed by State or Federal law Servicer may termmate this Agreement and require that the balance of the Note together with any fees and other unpaid amounts be repaid in full(meaning that Servicer can accelerate the Note ) In thisevent Servicer willgive you thirty(30) days notice ofAcceleration and if the Note has not been paid in fullafter that time Servicer may pursue the remedies inthe Mortgage mcluding foreclosure G Borrower may not assign and no person other than the Borrower may assume Borrower s nghts under thisAgreement orthe Loan Documents H The Servicer may choose towaive a default under this Agreement or the Loan Documents but a waiver of any event of default will not be understood to waive similar defaults in the future or other defaults that may occur I Borrower hereby confirms that this Agreement represents the entire agreement between Borrower and Servicer with respect to the subject matter herem and that no other pnor terms obhgations covenants representations statements or cGñditiõñs oral or otherwise of any kind whatsoever conceming the modification of the Loan Documents that are inconsistent with the terms of this Agreement shall affectthe Loan Documents or negate the operation and effect of thisAgreement MODiFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 5 of 8 Revsed o2r201s 1 P_W_LT_io .- FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021 J Any expenses incurred in connection with the servicing of the Loan but not yet charged to the Loan account as ofthe date ofthis Agreement may be changed to the Loan and secured by the Mortgage after the Modification Effective Date K IfServicer makes advances for payment of taxes or insurance accrues interest or posts late or other fees to the Loan each of which ispermissible under the Loan Documents to add to amounts ûütstanding under the Note between the date Servicer generates thisAgreement and theFirstModificatióñ Payment Date then these amounts willeither become Deferred Amounts under the Loan Documents or willbe offset with a portion of Good Faith funds if app!!ceb!e Any addition ofDeferred Amounts or offset of advances pürsüañt to thissection willbe reflected on Borrower spenodic statement L Borrower willexecute such other documents or papers as may be raesonably necessary or required by Servicer toeffectuate the terms and conditions ofthis Agreement M Barrcwêi is advised that forgiveness of debt (ifapphcable) may have adverse credit and legal consequences and may resultin taxable income to Borrower Borrower is advised to seek advice from an sitcrñéy certifiedpublic accountant or other expert reg:rdmg potential consequences of any pnncipal reduction Borrower hereby acknowledges that Servicer is givmg Borrower no such advice THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE Notice to Consumers presently m Bankrüptcy or who have a Bankruptcy Discharge Ifyou are a debtor presently subject to a proceedmg m Bankruptcy Court, or ifyou have g...--aly been from this a Federal this cemm" at!on is notan attempt discharged debt by Bankruptcy Court, to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State legal obhgations _ ____ BALLOON PAYMENT DISCLOSURE This Modification Agisaméñt defers certam aiñGüñts, which creates a balloon that willbe collected by the Servicer at the earlier of payment in fullof the Note or the maturity date Because these amounts are not included m your regular scheduled payments, even ifyou make all payments required by this agreement, the loan willnot be paid m full at matunty You therefore may be required to pay the entire outstanding be!ance in a smgle payment Neither the Servicer nor Lender has any obhgation to refinance or to offer you a new loan at matunty You may have to seek new third-party fmancing and incur other additicña: fmancing costs at the time the balloon becomes due MODIFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 6 of 8 Revised 02/201s P_W_LT_IO FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021 In Witness Whereof Servicer and Borrower have executed this M½f±ëtes Agreement as of the dates indicated below Borrower L ODE n ignature Date HRISTOPHER S WOODEN Ignature Date Account Number 9804389360 Cahber H e Loans, Inc on behalf of the current investor MAY 17 2016 Mod!fication Effective Date (Determined by Servicer) St Loss Mttigation Analyst MODIFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 7 of 8 Revised 02/2015 P_W_LT_IO FILED: YATES COUNTY CLERK 06/08/2021 02:36 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/08/2021 New York Acknowlerigement of Conveyance State of New York Ó' County of C , On the day of in theyear ÓÜ |(a before me, e undersi ned Notary Pubt i and f r sal State personal y appeared /Òcd3r ~ c . A 31.g7 known to me orproved to me on ersonally the babis o satisfactoryevidence to be the individual(s)whose name(s) is(are) subscnbed tothe within instrument and ackñüvviédged to me that he/she/they éxecuted the same m his/her/their capacity(les) and thatby his/her/their signature(s) on the instrumêñt the indivilduai(s) orthe person upon behalf of which the individual(s)acted executed the instrument Notary Signatur 1 1 t Q n Pnnted Name Jdic W 8 Borrowerfs) and notarv must sign alldocuments on the same day Dorrower(s) cannot sign any other documents pnor or afterthe notary date (rewsed w2SVf Stamp Seal Below JULIE M S'MMONS Notary Pt,blicStateof New York No 31Sl5077918 0ualifiedin retesCounty Commission Expiras March 3 MODIFicATION AGREEMENT UMITED TERM INTEREST ONLY Page 8 of 8 Revised 02/2015 P_W_LT 10