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 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022
Exhibit C
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022
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 contams changes in terms which affect your Loan secured by
the Property identified below This is a legal obligation and you should read and understand the
terms of this Agreement before you sign it
This Modification Agreement (the "Agreement") is dated as of 04/11/2016 but effective as of the
Modification Effective Date defined herein, by and between AMY L WOODEN and CHRISTOPHER
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 if required
B Borrower signed the following documents in connection with the Loan
" Note dated 02/25/2008 in the onginal amount of $93 447 76 (the Note")
" Mortgage or Deed of Trust on the Property, recorded in real property records of
YATES County NY (the "Mortgage )
" The Note and the Mortgage together with all documents signed at the same time as
the Note and Mortgage are called the "Loan Documents
C Borrower owes the following amounts which are now due or which would be due upon
acceleration of the Note
Unpaid Pnncipal $66 290 14
Unpaid Interest $8 347 93
Other Unpaid Amounts $1 069 00
Total $75 707 07
Included in the 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 is known as the Ancillary Amount
D Borrower is in default for failure to make payments or has demonstrated imminent default
under the terms of the Note Servicer either has accelerated or can accelerate the balance
of the Note which would require the Borrower to pay the Note and all Other Unpaid Amounts
in full
E Borrower has provided information to Servicer and Borrower 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 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022
,
Borrower and Servicer (collectively the Parties ) agree as follows
1 Borrower's Representations Borrower certifies that each of these statements is true
A Borrower is expenencing a financial hardship and is either in default for failure to make
payments on the Note or will shortly be in default Borrower does not have sufficient
income or access to sufficient liquid assets to make regular payments on the Note
B The Property has not been condemned or is not subject to condemnation proceedmgs
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 all of which is true and accurate regarding
Borrowers income and/or liquid assets (with the exception of any mformation regardmg
Alimony and Child Support payments, unless the Borrower wants the Servicer to
consider that to be income)
E All documents and information Borrower has provided to Servicer in connection with this
Agreement are true and correct
F Borrower wdI obtam credit counselmg withm 30 days of this agreement if the Servicer
requires it Borrower will provide proof of credit counseling if required by Servicer
2 Conditions to Effectiveness of Agreement This Agreement will only be effective after each
of these events happen
a Borrower must sign and retum a signed onginal of this Agreement to Servicer on or
before 04/30/2016
b Servicer when it receives this Agreement will venty the accuracy of Borrower
representations
c If the Servicer (in its sole discretion) determines that Borrower s representations are
accurate then Servicer will execute this Agreement and it will become effective on
that date (the "Modification Effective Date ) If the Servicer determines that the
Borrower s representations are not accurate then the Servicer will notify the
Borrower and this Agreement will not become effective
3 Modification of the Loan Documents If all the conditions outlined above are met then your
Loan is modified as follows
Summary of Modification. We may reduce the balance on which interest is accruing and we may
lower the interest rate for a penod of time called the Reduction Penod Dunng the Reduction
only"
Penod you will make monthly interest payments (plus Escrow and Ancillary payments)
Certain amounts are deferred meaning that you still owe them but they will be collected by the
Servicer at a later date On the Reduction Penod End Date your Loan and interest rate will
revert to the terms of the operative loan documents and your payment may increase Deferred
Amounts will remain deferred
New Pnncipal Balance $66,290 14
Modification interest Rate 8 000%
Modification Interest Only 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 02r201s P_W_LT_10
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022
Reduction Penod End Date 05/01/2021
Deferred Amount $9 416 93
Poncipal Deferred in
Current Modification Agreement $0 00
New Matunty Date (if apphcable)
Modification Effective Date 05/01/2016
First Modification Payment Date 06/01/2016
These Definitions apply to the categones above
New Pnncipal Balance This is the 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 the pnncipal balance upon which mterest will continue to accrue
Modification Interest Rate This is the interest rate that will be in effect under this
fixed"
Agreement This rate is and will not change until the Reduction Penod End Date
Modification Effective Date This is the date that interest begins to accrue at the rate
set forth in this Agreement
Modification Interest Only Payment This is the new monthly payment and represents
interest due and payable monthly on the New Pnncipal Balance You are not required to
make a payment toward the reduction of pnncipal until the Reduction Penod End Date
Because the mterest rate is fixed and will not change until the Reduction Penod End
Date this amount will not change unless you make payments to be apphed toward
Pancipal
Monthly Escrow Payment This is your monthly 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 if escrow 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 amounts that may have
become due with respect to the Property Servicer has spread the repayment of
Anctilary Amounts over a penod of 36 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 is the date on which the Modification Interest Rate
will revert to the interest rate provided for in the operative loan documents
New Maturity Date This is the date on which the Note matures
First Modification Payment Date This is the date on which your first modified
payment is due
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 Documents This means that
your payment may mcrease because it will mclude pnncipal and wilt be calculated 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 full of the debt or the New Matunty Date
whichever happens first
Under the terms of this Agreement the Deferred Amount may consist of some pnncipal
and can consist of interest due 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 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022
PLEASE NOTE The Deferred Amounts will be collected by the Servicer at the earlier of
payment so full
of the Note or the New Maturity Date If the 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 at that time Otherwise, these amounts 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
still be owed to Servicer
4 Events of Default Borrower will be in default and Servicer may terminate this Agreement if
a Borrower fails to make any payments required by this Agreement withm 15 days of
any due date for a payment at
b Borrower falls to comply with any other terms or conditions created by this
Agreement or the Loan Documents
5 Additional Agreements The Parties further agree to and acknowledge 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 is deceased) Borrower by signing this
Agreement will be presumed to have read this Agreement and understand the terms of this
Agreement
B This Agreement takes the place of any other agreement that Borrower may have or have
had in the past with Servicer includmg any pnor modification or forbearance agreements
C This Agreement constitutes notice that any waiver by the Lender Noteholder or Servicer as
to payment of taxes insurance and other escrow items has been revoked Where allowed
under the Loan Documents this Agreement estabhshed an escrow account for the Loan and
Borrower will make monthly payments to an escrow account established by Servicer These
payments will be 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 all parties who were required to
execute them and are a vahd bmding obligation of the parties to those documents and each
Loan Document is enforceable in accordance with its terms
E Except as specifically modified by this Agreement 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 this Agreement
F If the Property is sold transferred or conveyed 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 this event
Servicer will give you thirty (30) days notice of Acceleration and if the Note has not been
paid in full after that time Servicer may pursue the remedies in the Mortgage mcludmg
foreclosure
G Borrower may not assign and no person other than the Borrower may assume Borrower s
nghts under this Agreement or the Loan Documents
H The Servicer may choose to waive 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 conditions oral or otherwise of
any kind whatsoever conceming the modification of the Loan Documents that are
inconsistent with the terms of this Agreement shall affect the Loan Documents or negate the
operation and effect of this Agreement
MODiFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 5 of 8
Revsed o2r201s 1 P_W_LT_io
.-
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022
J Any expenses incurred in connection with the servicing of the Loan but not yet charged to
the Loan account as of the date of this Agreement may be changed to the Loan and secured
by the Mortgage after the Modification Effective Date
K If Servicer makes advances for payment of taxes or insurance accrues interest or posts late
or other fees to the Loan each of which is permissible under the Loan Documents to add to
amounts outstanding under the Note between the date Servicer generates this Agreement
and the First Modification Payment Date then these amounts will either become Deferred
Amounts under the Loan Documents or will be offset with a portion of Good Faith funds if
apphcable Any addition of Deferred Amounts or offset of advances pursuant to this section
will be reflected on Borrower s penodic statement
L Borrower will execute such other documents or papers as may be reasonably necessary or
required by Servicer to effectuate the terms and conditions of this Agreement
M Borrower is advised that forgiveness of debt (if apphcable) may have adverse credit and
legal consequences and may result in taxable income to Borrower Borrower is advised to
seek advice from an attorney certified public accountant or other expert regarding 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 Bankruptcy or who have a Bankruptcy Discharge If you are a
debtor presently subject to a proceedmg m Bankruptcy Court, or if you have previously been
discharged from this debt by a Federal Bankruptcy Court, this communication is not an attempt
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 Agreement defers certam amounts, which creates a balloon that will be
collected by the Servicer at the earlier of payment in full of the Note or the maturity date Because
these amounts are not mcluded m your regular scheduled payments, even if you make all
payments required by this agreement, the loan will not be paid m full at matunty You therefore
may be required to pay the entire outstanding balance 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 additional 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 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022
In Witness Whereof Servicer and Borrower have executed this Modification Agreement as of the dates
indicated below
Borrower L ODE n lgnature
Date
HRISTOPHER S WOODEN ignature
Date
Account Number
Caliber H e Loan,s, inc on behalf of the current investor
By N
MAY 17 2016
Modification Effective Date
(Determined by Servicer)
R® ¾ sr Loss Mmganon
Analyst
MODIFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 7 of 8
Revised 02r2015 P_W_LT_IO
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022
New York Acknowledgement of Conveyance
State of New York
Ó'
County of f ,
On the day of in the year Ó |(ty before me,
e undersi ned Notary Pubt i and f r sal State personal y appeared
/OCdssG<. 3/2
A ersonally known to me or proved to me on
the babis o
satisfactory evidence to be the individual(s) whose name(s) is (are) subscnbed to the within
instrument and acknowledged to me that he/she/they executed the same m his/her/their capacity(les)
and that by his/her/their signature(s) on the instrument the indivilduai(s) or the person upon behalf of
which the individual(s) acted executed the instrument
Notary Signatur 11 I ( TL
Pnnted Name Jaic H 8 es
Borrowerfs) and notarv must sign all documents on the same day Borrower(s) cannot sign any
other documents pnor or after the notary date (rewsed w2SVf
Stamp Seal Below
JULIE M S'MMONS
Notary Pt,blic State of $4ew York
No 31Sl507%18
Ouahfied in retes County
Commission Expiras March 3
MODIFicATION AGREEMENT UMITED TERM INTEREST ONLY Page 8 of 8
Revised 02/2015 P_W_LT 10
Document Filed Date
April 29, 2022
Case Filing Date
June 08, 2021
Category
Real Property - Mortgage Foreclosure - Residential
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022 Exhibit C FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022 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 contams changes in terms which affect your Loan secured by the Property identified below This is a legal obligation and you should read and understand the terms of this Agreement before you sign it This Modification Agreement (the "Agreement") is dated as of 04/11/2016 but effective as of the Modification Effective Date defined herein, by and between AMY L WOODEN and CHRISTOPHER 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 if required B Borrower signed the following documents in connection with the Loan " Note dated 02/25/2008 in the onginal amount of $93 447 76 (the Note") " Mortgage or Deed of Trust on the Property, recorded in real property records of YATES County NY (the "Mortgage ) " The Note and the Mortgage together with all documents signed at the same time as the Note and Mortgage are called the "Loan Documents C Borrower owes the following amounts which are now due or which would be due upon acceleration of the Note Unpaid Pnncipal $66 290 14 Unpaid Interest $8 347 93 Other Unpaid Amounts $1 069 00 Total $75 707 07 Included in the 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 is known as the Ancillary Amount D Borrower is in default for failure to make payments or has demonstrated imminent default under the terms of the Note Servicer either has accelerated or can accelerate the balance of the Note which would require the Borrower to pay the Note and all Other Unpaid Amounts in full E Borrower has provided information to Servicer and Borrower 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 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022 , Borrower and Servicer (collectively the Parties ) agree as follows 1 Borrower's Representations Borrower certifies that each of these statements is true A Borrower is expenencing a financial hardship and is either in default for failure to make payments on the Note or will shortly be in default Borrower does not have sufficient income or access to sufficient liquid assets to make regular payments on the Note B The Property has not been condemned or is not subject to condemnation proceedmgs 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 all of which is true and accurate regarding Borrowers income and/or liquid assets (with the exception of any mformation regardmg Alimony and Child Support payments, unless the Borrower wants the Servicer to consider that to be income) E All documents and information Borrower has provided to Servicer in connection with this Agreement are true and correct F Borrower wdI obtam credit counselmg withm 30 days of this agreement if the Servicer requires it Borrower will provide proof of credit counseling if required by Servicer 2 Conditions to Effectiveness of Agreement This Agreement will only be effective after each of these events happen a Borrower must sign and retum a signed onginal of this Agreement to Servicer on or before 04/30/2016 b Servicer when it receives this Agreement will venty the accuracy of Borrower representations c If the Servicer (in its sole discretion) determines that Borrower s representations are accurate then Servicer will execute this Agreement and it will become effective on that date (the "Modification Effective Date ) If the Servicer determines that the Borrower s representations are not accurate then the Servicer will notify the Borrower and this Agreement will not become effective 3 Modification of the Loan Documents If all the conditions outlined above are met then your Loan is modified as follows Summary of Modification. We may reduce the balance on which interest is accruing and we may lower the interest rate for a penod of time called the Reduction Penod Dunng the Reduction only" Penod you will make monthly interest payments (plus Escrow and Ancillary payments) Certain amounts are deferred meaning that you still owe them but they will be collected by the Servicer at a later date On the Reduction Penod End Date your Loan and interest rate will revert to the terms of the operative loan documents and your payment may increase Deferred Amounts will remain deferred New Pnncipal Balance $66,290 14 Modification interest Rate 8 000% Modification Interest Only 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 02r201s P_W_LT_10 FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022 Reduction Penod End Date 05/01/2021 Deferred Amount $9 416 93 Poncipal Deferred in Current Modification Agreement $0 00 New Matunty Date (if apphcable) Modification Effective Date 05/01/2016 First Modification Payment Date 06/01/2016 These Definitions apply to the categones above New Pnncipal Balance This is the 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 the pnncipal balance upon which mterest will continue to accrue Modification Interest Rate This is the interest rate that will be in effect under this fixed" Agreement This rate is and will not change until the Reduction Penod End Date Modification Effective Date This is the date that interest begins to accrue at the rate set forth in this Agreement Modification Interest Only Payment This is the new monthly payment and represents interest due and payable monthly on the New Pnncipal Balance You are not required to make a payment toward the reduction of pnncipal until the Reduction Penod End Date Because the mterest rate is fixed and will not change until the Reduction Penod End Date this amount will not change unless you make payments to be apphed toward Pancipal Monthly Escrow Payment This is your monthly 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 if escrow 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 amounts that may have become due with respect to the Property Servicer has spread the repayment of Anctilary Amounts over a penod of 36 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 is the date on which the Modification Interest Rate will revert to the interest rate provided for in the operative loan documents New Maturity Date This is the date on which the Note matures First Modification Payment Date This is the date on which your first modified payment is due 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 Documents This means that your payment may mcrease because it will mclude pnncipal and wilt be calculated 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 full of the debt or the New Matunty Date whichever happens first Under the terms of this Agreement the Deferred Amount may consist of some pnncipal and can consist of interest due 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 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022 PLEASE NOTE The Deferred Amounts will be collected by the Servicer at the earlier of payment so full of the Note or the New Maturity Date If the 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 at that time Otherwise, these amounts 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 still be owed to Servicer 4 Events of Default Borrower will be in default and Servicer may terminate this Agreement if a Borrower fails to make any payments required by this Agreement withm 15 days of any due date for a payment at b Borrower falls to comply with any other terms or conditions created by this Agreement or the Loan Documents 5 Additional Agreements The Parties further agree to and acknowledge 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 is deceased) Borrower by signing this Agreement will be presumed to have read this Agreement and understand the terms of this Agreement B This Agreement takes the place of any other agreement that Borrower may have or have had in the past with Servicer includmg any pnor modification or forbearance agreements C This Agreement constitutes notice that any waiver by the Lender Noteholder or Servicer as to payment of taxes insurance and other escrow items has been revoked Where allowed under the Loan Documents this Agreement estabhshed an escrow account for the Loan and Borrower will make monthly payments to an escrow account established by Servicer These payments will be 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 all parties who were required to execute them and are a vahd bmding obligation of the parties to those documents and each Loan Document is enforceable in accordance with its terms E Except as specifically modified by this Agreement 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 this Agreement F If the Property is sold transferred or conveyed 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 this event Servicer will give you thirty (30) days notice of Acceleration and if the Note has not been paid in full after that time Servicer may pursue the remedies in the Mortgage mcludmg foreclosure G Borrower may not assign and no person other than the Borrower may assume Borrower s nghts under this Agreement or the Loan Documents H The Servicer may choose to waive 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 conditions oral or otherwise of any kind whatsoever conceming the modification of the Loan Documents that are inconsistent with the terms of this Agreement shall affect the Loan Documents or negate the operation and effect of this Agreement MODiFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 5 of 8 Revsed o2r201s 1 P_W_LT_io .- FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022 J Any expenses incurred in connection with the servicing of the Loan but not yet charged to the Loan account as of the date of this Agreement may be changed to the Loan and secured by the Mortgage after the Modification Effective Date K If Servicer makes advances for payment of taxes or insurance accrues interest or posts late or other fees to the Loan each of which is permissible under the Loan Documents to add to amounts outstanding under the Note between the date Servicer generates this Agreement and the First Modification Payment Date then these amounts will either become Deferred Amounts under the Loan Documents or will be offset with a portion of Good Faith funds if apphcable Any addition of Deferred Amounts or offset of advances pursuant to this section will be reflected on Borrower s penodic statement L Borrower will execute such other documents or papers as may be reasonably necessary or required by Servicer to effectuate the terms and conditions of this Agreement M Borrower is advised that forgiveness of debt (if apphcable) may have adverse credit and legal consequences and may result in taxable income to Borrower Borrower is advised to seek advice from an attorney certified public accountant or other expert regarding 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 Bankruptcy or who have a Bankruptcy Discharge If you are a debtor presently subject to a proceedmg m Bankruptcy Court, or if you have previously been discharged from this debt by a Federal Bankruptcy Court, this communication is not an attempt 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 Agreement defers certam amounts, which creates a balloon that will be collected by the Servicer at the earlier of payment in full of the Note or the maturity date Because these amounts are not mcluded m your regular scheduled payments, even if you make all payments required by this agreement, the loan will not be paid m full at matunty You therefore may be required to pay the entire outstanding balance 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 additional 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 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022 In Witness Whereof Servicer and Borrower have executed this Modification Agreement as of the dates indicated below Borrower L ODE n lgnature Date HRISTOPHER S WOODEN ignature Date Account Number Caliber H e Loan,s, inc on behalf of the current investor By N MAY 17 2016 Modification Effective Date (Determined by Servicer) R® ¾ sr Loss Mmganon Analyst MODIFICATION AGREEMENT LIMITED TERM INTEREST ONLY Page 7 of 8 Revised 02r2015 P_W_LT_IO FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/29/2022 New York Acknowledgement of Conveyance State of New York Ó' County of f , On the day of in the year Ó |(ty before me, e undersi ned Notary Pubt i and f r sal State personal y appeared /OCdssG<. 3/2 A ersonally known to me or proved to me on the babis o satisfactory evidence to be the individual(s) whose name(s) is (are) subscnbed to the within instrument and acknowledged to me that he/she/they executed the same m his/her/their capacity(les) and that by his/her/their signature(s) on the instrument the indivilduai(s) or the person upon behalf of which the individual(s) acted executed the instrument Notary Signatur 11 I ( TL Pnnted Name Jaic H 8 es Borrowerfs) and notarv must sign all documents on the same day Borrower(s) cannot sign any other documents pnor or after the notary date (rewsed w2SVf Stamp Seal Below JULIE M S'MMONS Notary Pt,blic State of $4ew York No 31Sl507%18 Ouahfied in retes County Commission Expiras March 3 MODIFicATION AGREEMENT UMITED TERM INTEREST ONLY Page 8 of 8 Revised 02/2015 P_W_LT 10