Preview
FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023
EXHIBIT C
FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023
g10W0#0
Office of the
Richmond County Clerk
130 Stuyvesant Place
Staten 1sland, NY 10301
Hon. Stephen
J. Fiala, County Clerk ACS-000000000308279-000000000411918-015
Recording and Endorsement Cover Page
Document Id: 000000000411918 Document Date: 08/17/2011 Preparation Date: 09/10/2011
Document Type: MORTGAGE & CONSOLIDATION
Document Page Count: 00015 ,
PRESENTER: RETURN TO:
JP MORGAN CHASE BANK NA JP MORGAN CHASE BANK NA
780 KANSAS LANE 780 KANSAS LANE
MONROE LA, 71203 MONROT LA, 71203
PROPERTY DATA # OF BLOCKS 1 # OF LOTS 1
Block Lot Unit Address
4056 8 Entire Lot 209 MILTON AVE /
Type: - 1
Property Dwelling Only Family
PARTIES
MORTGAGOR INDEX MORTGAGEE INDEX
SHERRI L TALIENTO JPMORGAN CHASE BANK N.A.
209 MILTON AVE 780 KANSAS LANE
STATEN ISLAND NY, 10306 MONROE LA, 71203
"And Others"
Mortgage Cons: $38,365.85
PAYMENT DETAIL
Make Checks Payable to:
:::: ::::;=::::: :::::::::::::;=:::: FEESTrAID .
Richmond County clerk: 757.20 Mortgage Tax
--------------------
Total Payments For This Document: 825.20
==========================================================================================
EXAM DATE
RECORDEDINRICHMOND COUE
SEP 2
LAND DOC4 395657 CERK
24-MORTGAGES
OUS
NTAX: DC 5295 $757.20
09/21/2011 09:59:49 A.H.
RECEIPT: 41785 FEE: $68.00
RICHNOND COUNTY CLERK
FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023
After Recording Return To:
JPMORGAN CHASE BANK, N.A.
CHASE RECORDS CENTER
RE: COLLATERAL TRAILING
DOCUMENTS
PO BOX 8000
MONROE, LA 71203
..
This Document Prepared By:
JPMORGAN CHASE BANK, N.A.
** 2210 ENTERPRISE DRIVE
FLORENCE, SC 29501-1109
[Space Above This Line For Recording Data]
HOME AFFORDABLE MODIFICATION AGREEMENT
This modification adds the amount of $38,365.85 to the current principal balance of $315,672.40, and represents
capitalized interest, fees, expenses, and other amounts due under the terms of the original Mortgage/Deed of
Trust/Trust Deed. The new unpaid principal balance of the loan, as modified, is $354,038.25. The original
principal balance of the loan on which mortgage/recording taxes were previously paid was $325,
Loan Number
* ("I"):1
Borrower SHERRI L TALIENTO AND THOMAS TALIENTO HER HUS n.-
** Lender or Servicer ("Lender"): JPMORGAN CHASE N.A. SUCCESSOR IN
BANK,
INTEREST BY PURCHASE FROM THE FDIC, AS RECE1VER FOR WASHINGTON MUTUAL BANK
F/K/A WASHINGTON MUTUAL BANK, FA
Date of first lien mortgage, deed of trust, or security deed ("Mortgage") and Note ("Note"): JUNE 20,
2007
Loan Number:
* Address roperty"): 209 MILTON AVE, STATEN NEW YORK 10306
Property r ISLAND,
LEGAL DESCRIPTION:SECTION 6 BLOCK 4066 LOT 8
BOROUGH OF STATEN ISLAND, COUNTY OF RICHMOND, CITY AND STATE OF NEW YORK
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, LYlNG, AND SITUATE AND BEING IN
THE BOROUGH OF STATEN ISLAND, COUNTY OF RICHMOND, CITY AND STATE OF NEW
YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
WESTERLY SIDE OF MILTON AVENUE DISTANT 142.38 FEET SOUTHERLY FROM THE
CORNER FORMED BY THE INTERSECTION OF THE WESTERLY SIDE OF MILTON AVENUE
AND WITH THE SOUTHERLY SIDE OF RECORD LINE OF EBBITS STREET; RUNNING THENCE
NORTH 64 DEGREES 26 MINUTES 68 SECONDS WEST AND PART OF THE DISTANCE
"I."
If more than one Barrower or Mortgagor is executing this docurnent, each is referred to as For purposes of this document
words signifying the singular (such as "l") shall include the plural (such as 'we") and vice versa where appropriate
JPMC MODIFIED MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family -Fannie
Mae/Freddie Mac UNIFORM INSTRUMENT ver. 07_19-2011._12_06-06 Forrn 3157 3/09 (rev. 10/10)(CHF rev. 03111)
(page 1 of 11 pages)
Thewithin describedpromis89Bf8
or ere to belmproven sen@9f1We
famliyresidenceor #8ly
FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023
Loan Number
THROUGH A PARTY WALL, 127.10 FEET To A POINT; THENCE SOUTH 37 DEGREES 00
MINUTES 22.60 SECONDS WEST 20.06 FEET TO A PolNT; THENCE SOUTH 64 DEGREES 26
MINUTES 58 SECONDS EAST 127.61 FEET TO A POINT ON THE WESTERLY SIDE OF MILTON
AVENUE; THENCE ALONG THE WESTERLY SIDE OF MILTON AVENUE NORTH 35 DEGREES
33 MINUTES 02 SECONDS EAST 20.00 FEET TO THE POiNT OR PLACE OF BEGINNING.
REFERENCE NUMBERS OF DOCUMENTS MODIFIED:
RECORDED AUGUST 24, 2007 DOCUMENT No. 214088
Tax Parcel No: 04056 0008
This Modification Agreement modifies the following document:
1. CONSOLIDATION, EXTENSION AND
MODIFICATION AGREEMENT dated 06-20-2007,
recorded 08-24-2007, in Document No. 214088, of Section 5, Block 4056, and Lot 8, between
SHERRI L TALIENTO and WASHINGTON MUTUAL BANK, FA in the original principal balance of
$325,000.00 upon which, a mortgage tax of $0.00 was paid. This Consolidation, Extension and
Modification Agreement consolidates and modifies the following Mortgages to create a single
lien of $326,000.00;
2. Mortgage dated 02-12-2004, recorded 03-18-2004, Reel 18943 Page 48, between SHERRI
LYNN TALIENTO and DOWNEY SAVINGS BANK AND LOAN ASSOCIATION, F.A., in the original
principal balance of $233,000.00 upon which, a mortgage tax of $4,776.50 was paid.
a. Assignment dated 05-31-2007, recorded 08-23-2007, in Document No. 214087, from DOWNEY
SAVINGS BANK AND LOAN ASSOCIATION, F.A.to WASHINGTON MUTUAL BANK, F.A..
3. Mortgage dated 06-20-2007 recorded 08-24-2007 in Document No. 214086, between SHERRI
LYNN TALIENTO and THOMAS TALIENTO, JR to WASHINGTON MUTUAL BANK, F.A. in the
original principal balance of $85,517.21 upon which, a mortgage tax of $1,753.10 was paid.
If my representations and covenants in Section 1 continue to be true in all material respects, then this
Home Affordable Modification Agreement ("Agreement") will, as set forth in Section 3, amend and
supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage.
The Mortgage and Note together, as they may previously have been amended, are referred to as the
Documents."
"Loan Capitalized terms used in this Agreement and not defined have the meaning given
to them in Loan Documents.
I understand that after I sign and retum two copies of this Agreement to the Lender, the Lender will
send me a signed copy of this Agreement. This Agreement will not take effect unless the
preconditions set forth in Section 2 have been satisfied.
1. My Representations and Covenants. I certify, represent to Lender, covenant and agree:
A. I am experiencing a financial hardship, and as a result, (i) I am in default under the
Loan Documents or my default is imminent, and (ii) I do not have sufficient income or
access to sufficient liquid assets to make the monthly mortgage payrnents now or in
the near future;
B. One of the borrowers signing this Agreement lives in the Property as a principal
JPMC MOD1FIED MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie
Mae/Freddie Mac UNIFORM INsTRUMENT ver. 07 19 2011 12 06 06 Forrn 3157 3/09 (rev. 10/10)(CHF rev. D3/11)
(page 2 of 11 pages)
FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023
Loan Number
residence, and the Property has not been condemned;
C. There has been no impermissible change in the ownership of the Property since I
signed the Loan Documents. A permissible change would be any transfer that the
lender is required by law to allow, such as a transfer to add or remove a family
member, spouse or domestic partner of the undersigned in the event of a death,
divorce or marriage;
D. I have provided documentation for all income that I receive (and I understand that I
am not required to disclose child support or alimony unless I chose to rely on such
income when requesting to qualify for the Home Affordable Modification Program
("Program"));
E. Under penalty of perjury, all documents and information I have provided to Lender in
connection with this Agreement, including the documents and information regarding
my eligibility for the Program, are true and correct;
F. If Lender requires me to obtain credit counseling in connection with the Program, I will
do so; and
G. I have made or will make all payments required under a trial period plan.
H. If I was discharged in a Chapter 7 bankruptcy proceeding subsequent to the execution
of the Loan Documents, Lender agrees that I will not have personal liability on the
debt pursuant to this Agreement.
2. Acknowledgements and Preconditions to Modification. I understand and acknowledge
that:
A. If prior to the Modification Effective Date as set forth in Section 3 the Lender determines
that any of my representations in Section 1 are no longer true and correct or any
covenant in Section 1 has not been performed, the Loan Docurnents will not be modified
and this Agreement will terminate. In that event, the Lender will have all of the rights and
remedies provided by the Loan Documents; and
B. I understand that the Loan Documents will not be modified unless and until (i) the Lender
accepts this Agreement by signing and returning a copy of it to me, and (ii) the
Modification Effective Date (as defined in Section 3) has occurred. I further understand
and agree that the Lender will not be obligated or bound to make any modification of the
Loan Documents if I fail to meet any one of the requirements under this Agreement.
3. The Modification. If my representations and covenants in Section 1 continue to be true in all
material respects and all preconditions to the modification set forth in Section 2 have been
met, the Loan Documents will automatically become modified on AUGUST 01, 2011 (the
*Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. I
understand that if I have failed to make any payments as a precondition to this modification
under a trial period plan, this modification will not take effect. The first modified payment will
be due on AUGUST 01, 2011.
A. The Maturity Date will be. JULY 01, 2051.
B. The modified principal balance of my Note will include all amounts and arrearages that will
be past due as of the Modification Effective Date (including unpaid and deferred interest,
fees, escrow advances and other costs, but excluding unpaid late charges, collectively,
JPMC MODIFIED MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie
Mae/Freddie Mac uNIFORM INsTRUMENT ver. 07 19 20'f 1 12 06 06 Form 3157 3/09 (rev. 10/10)(CHF rev. Ostit)
(page 3 of 11 pages)
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NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023
Loan Number
"Unpaid Amounts") less any amounts paid to the Lender but not previously credited to my
Loan. The new principal balance of my Note will be $354,038.25 (the "New Principal
Balance"). I understand that by agreeing to add the Unpaid Amounts to the outstanding
principal balance, the added Unpaid Amounts accrue interest based on the interest rate in
effect under this Agreement. I also understand that this means interest will now accrue on
the unpaid interest that is added to the outstanding principal balance, which would not
happen without this Agreement. .
C. $56,000.00 of the New Principal Balance shall be deferred (the "Deferred Principal
Balance") and I will not pay interest or make monthly payments on this amount. The New
Principal Balance less the Deferred Principal Balance shall be referred to as the "Interest
Balance"
Bearing Principal and this amount is $298,038.25. Interest at the rate of 2.000%
will begin to accrue on the Interest Bearing Principal Balance as of JULY 01, 2011 and
the first new monthly payment on the Interest Bearing Principal Balance will be due on
AUGUST 01, 2011. My payment schedule for the modified Loan is as follows:
Years Interest Interest Monthly Estimated Total Payment Number of
Rate Rate Principal Monthly Monthly Begins on Monthly
Payment*
Change and Escrow Payments
Date Interest Payment
Amount*
Payment
Amount
1-5 2.000% 07/01/2011 $902.54 $470.04 $1,372.58 08/01/2011 60
May adjust May adjust
periodically periodically
6 3.000% 07/01/2016 $1,048.54 May adjust May adjust08/01/2016 12
periodically periodically
7 4.000% 07/01/2017 $1,202.65 May adjust May adjust08/01/2017 12
periodically periodically
8-40 4.625% 07/01/2018 $1,302.13 May adjust May adjust08/01/2018 396
periodically periodically
*The escrow payments may be adjusted periodically in accordance with applicable law
and therefore my total monthly payment may change accordingly.
The above terms in this Section 3.C. shall supersede any provisions to the contrary in the
Loan Documents, including but not limited to, provisions for an adjustable, step, or simple
interest rate.
JPMC MODIFIED MULTisTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie
Mae/Freddie Mac UNIFORM INSTRUMENT ver. 07 19 2011 12 06 06 Form 3157 3/09 (rev. 10/10)(CHF rev. 03/11)
(page 4 of 11 pages)
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NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023
Loan Number
I understand that, if I have a pay option adjustable rate mortgage loan, upon modification,
the minimum monthly payment option, the interest-only or any other payment options will
no longer be offered and that the monthly payments described in the above payment
schedule for my modified Loan will be the minimum payment that will be due each month
for the remaining term of the Loan. My modified Loan will not have a negative
amortization feature that would allow me to pay less than the interest due resulting in any
unpaid interest being added to the outstanding principal balance.
D. I will be in default if I do not comply with the terms of the Loan Documents, as modified by
this Agreement.
E. If a default rate of interest is permitted under the Loan Documents, then in the event of
default under the Loan Documents, as amended, the interest that will be due will be the
rate set forth in Section 3.C.
F. I agree to pay in full the Deferred Principal Balance and any other amounts still owed
under the Loan Documents by the earliest of (i) the date I sell or transfer an interest in
the Property, (ii) the date I pay the entire Interest Bearing Principal Balance, or (iii) the
Maturity Date.
G. If I make a partial prepayment of Principal, the Lender may apply that partial prepayment
first to any Deferred Principal Balance before applying such partial prepayment to
other amounts due.
4. Additional Agreements. I agree to the following:
A. That all persons who signed the Loan Documents or their authorized representative(s)
have signed this Agreement, unless (i) a borrower or co-borrower is deceased; (ii) the
borrower and co-borrower are divorced and the property has been transferred to one
spouse in the divorce decree, the spouse who no longer has an interest in the property
need not sign this Agreement (although the non-signing spouse may continue to be held
liable for the obligation under the Loan Documents); or (ill) the Lender has waived this
requirement in writing.
B. That this Agreement shall supersede the terms of any modification, forbearance, trial
period plan or other workout plan that I previously entered into with Lender.
C. To comply, except to the extent that they are modified by this Agreement, with all
covenants, agreements, and requirements of Loan Documents including my agreement
to make all payments of taxes, insurance premiums, assessments, Escrow Items,
impounds, and all other payments, the amount of which may change periodically over the
term of my Loan.
D. I will pay to Lender on the day payments are due under the Loan Documents as amended
by this Agreement, until the Loan is paid in full, a sum (the "Funds") to provide for
payment of amounts due for: (a) taxes and assessments and other items which can attain
priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold
payments or ground rents on the Property, if any; (c) premiums for any and all insurance
JPMC MODIFIED MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT -Single Family -Fannie
Mae/Freddie Mac UNIFORM INSTRuMENT ver. 07 19 2011 12 06 96 Form 31s7 3/09 (rev. 10/10)(CHF rev. O3111)
(page 5 of 11 pages)
FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023
Loan Number
required by Lender under the Loan Documents; (d) mortgage insurance premiums, if any,
or any sums payable to Lender in lieu of the payment of mortgage insurance premiums in
accordance with the Loan Documents; and (e) any community association dues, fees, and
assessments that Lender requires to be escrowed. These items are called "Escrow
items."
I shall promptly fumish to Lander all notices of amounts to be paid under this
Section 4.D. I shall pay Lender the Funds for Escrow Items unless Lender waives my
obligation to pay the Funds for any or all Escrow Items. Lender may waive my obligation
to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only
be in writing. In the event of such waiver, I shall pay directly, when and where payable,
the amounts due for any Escrow Items for which payment of Funds has been waived by
Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require. My obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement
agreement"
contained in the Loan Documents, as the phrase "covenant and is used in the
Loan Documents. If I am obligated to pay Escrow Items directly, pursuant to a waiver,
and I fail to pay the amount due for an Escrow Item, Lender may exercise its rights under
the Loan Documents and this Agreement and pay such amount and I shall then be
obligated to repay to Lender any such amount. Lender may revoke the waiver as to any
or all Escrow Items at any time by a notice given in accordance with the Loan Documents,
and, upon such revocation, I shall pay to Lender all Funds, and in such amounts, that are
then required under this Section 4.D.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit
Lender to apply the Funds at the time specified under the Real Estate Settlement
Procedures Act ("RESPA"), and (b) not to exceed the maxirnum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of
current data and reasonable estimates of expenditures of future Escrow Items or
otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
Instrumentality, or entity (including Lender, if Lender is an institution whose deposits are
so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Escrow Items no later than the time specified under RESPA. Lender shall not charge me
for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays me interest on the Funds and applicable law
permits Lender to make such a charge. Unless an agreement is made in writing or
applicable law requires interest to be paid on the Funds, Lender shall not be required to
pay me any interest or earnings on the Funds. Lender and I can agree in writing,
however, that interest shall be paid on the Funds. Lender shall provide me, without
charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall
account to me for the excess funds in accordance with RESPA. If there is a shortage of
Funds held in escrow, as defined under RESPA, Lender shall notify me as required by
RESPA, and I shall pay to Lender the amount necessary to make up the shortage in
accordance with RESPA, but in no more than 12 monthly payments. If there is a
deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify me as
JPMC MODIFIED MULTisTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie
Mae/Freddie Mac UNIFORM INSTRUMENT ver. 07 19 2011 12 06 06 Form 3167 3/09 (rev. 10/10)(cHF rev. 03/11)
(page 6 of 11 pages)
FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023
Loan Number
required by RESPA, and I shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by the Loan Documents, Lender shall promptly
refund to me any Funds held by Lender.
E. That the Loan Documents as modified by this Agreement are duly valid, binding
.agreements, enforceable in accordance with their terms and are hereby reaffirmed.
F. That all terms and provisions of the Loan Documents, except as expressly modified by
this Agreement, remain in full force and effect; nothing in this Agreernent shall be
understood or construed to be a satisfaction or release in whole or in part of the
obligations contained in the Loan Documents; and that except as otherwise specifically
provided in, and as expressly modified by, this Agreement, the Lender and I will be bound
by, and will comply with, all of the terms and conditions of the Loan Documents.
G. That, as of the Modification Effective Date, notwithstanding any other provision of the
Loan Docurnents, if all or any part of the Property or any interest in it is sold or transferred
without Lender's prior written consent, Lender may, at its option, require immediate
payment in full of all sums secured by the Mortgage. Lender shall not exercise this option
if state or federal law, rules or regulations prohibit the exercise of such option as of the
date of such sale or transfer. If Lender exercises this option, Lender shall give me 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 1 must pay all sums secured by the
Mortgage. if I fail to pay these sums prior to the expiration of this period, Lender may
invoke any remedies perrnitted by the Mortgage without further notice or demand on me.
H. That, as of the Modification Effective Date, I understand that the Lender will only allow the
transfer and assumption of the Loan, including this Agreement, to a transferee of my
property as permitted under the Garn St. Germain Act, 12 U.S.C. Section 1701j-3. A
buyer or transferee of the Property will not be permitted, under any other circumstance, to
assume the Loan. Except as noted herein, this Agreement may .not be assigned to, or
assumed by, a buyer or transferee of the Property.
l. That, as of the Modification Effective Date, if any provision in the Note or in any
addendum or amendment to the Note allowed for the assessment of a penalty for full or
partial prepayment of the Note, such provision is null and void.
J. That, I will cooperate fully with Lender in obtaining any title endorsement(s), or similar title
insurance product(s), and/or subordination agreement(s) that are necessary or required
by the Lender's procedures to ensure that the modified mortgage Loan is in first lien
position and/or is fully enforceable upon modification and that if, under any circumstance
and not withstanding anything else to the contrary in this Agreement, the Lender does not
receive such title endorsement(s), title insurance product(s) and/or subordination
agreement(s), then the terms of this Agreement will not become effective on the
Modification Effective Date and the Agreement will be null and void.
K. That I will execute such other documents as may be reasonably necessary to either (i)
JPMC MODIFIED MULTISTATE HOME AFFORDABLE MOD1FICATION AGREEMENT - Single Family - Fannie
Mae/Freddie Mac UNIFORM INSTRUMENT ver. 07 19 2011 12 06 06 Form 3157 3/09 (rev. 10/10)(CHF rev. 03111)
(page 7 of 11 pages)
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NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023
Loan Number
consummate the terms and conditions of this Agreement; or (ii) correct the terms and
conditions of this Agreement if an error is detected after execution of this Agreement. I
understand that either a corrected Agreement or a letter agreement containing the
correction will be provided to me for my signature. At Lender's option, this Agreement will
be void and of no legal effect upon notice of such error. If 1 elect not to sign any such
corrective document, the terms of the original Loan Documents shall continue in full force
and effect, such terms will not be modified by this Agreement, and I will not be eligible for
a modification under the Home Affordable Modification Program.
L. Mortgage Electronic Registration Systems, Inc. ("MERS") is a separate corporation
organized and existing under the laws of Delaware and has an address and telephone
number of P.O. Box 2026, Flint, MI 48501-2026, (888) 679-MERS. In cases where the
loan has been registered with MERS who has only legal title to the interests granted by
the borrower in the mortgage and who is acting solely as nominee for Lender and
Lender's successors and assigns, MERS has the right: to exercise any or all of those
interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling
the mortgage loan.
M. That Lender will collect and record personal information, including, but not limited to, my
name, address, telephone number, social security number, credit score, income, payment
history, govemment monitoring information, and information about account balances and
activity. In addition, I understand and consent to the disclosure of my personal
information and the terms of the trial period plan and this Agreement by Lender to (i) the
U.S. Department of the Treasury, (ii) Fannie Mae and Freddie Mac in connection with their
responsibilities under the Home Affordability and Stability Plan; (iii) any investor, insurer,
guarantor or servicer that owns, insures, guarantees or services my first lien or
subordinate lien (if applicable) mortgage loan(s); (iv) companies that perform support
services for the Home Affordable Modification Program and the Second Lien Modification
Program; and (v) any HUD certified housing counselor.
N. That if any document related to the Loan Documents and/or this Agreement is lost,
misplaced, misstated, inaccurately reflects the true and correct terms and conditions of
the Loan as modified, or is otherwise missing, I will comply with the Lenders request to
execute, acknowledge, initial and deliver to the Lender any documentation the Lender
deems necessary. If the Note is replaced, the Lender hereby indemnifies me against any
loss associated with a demand on the Note. All documents the Lender requests of me
"Documents."
under this Section 4.N. shall be referred to as I agree to deliver the
Documents within ten (10) days after I receive the Lender's written request for such
replacement.
O. That the mortgage insurance premiums on my Loan, if applicable, may increase as a
result of the capitalization which will result in a higher total monthly payment. Furthermore,
the date on which I may request cancellation of mortgage insurance may change as a
result of the New Principal Balance.
P. If my Loan Documents govern a home equity loan or line of credit, then I agree
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FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 EXHIBIT C FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 g10W0#0 Office of the Richmond County Clerk 130 Stuyvesant Place Staten 1sland, NY 10301 Hon. Stephen J. Fiala, County Clerk ACS-000000000308279-000000000411918-015 Recording and Endorsement Cover Page Document Id: 000000000411918 Document Date: 08/17/2011 Preparation Date: 09/10/2011 Document Type: MORTGAGE & CONSOLIDATION Document Page Count: 00015 , PRESENTER: RETURN TO: JP MORGAN CHASE BANK NA JP MORGAN CHASE BANK NA 780 KANSAS LANE 780 KANSAS LANE MONROE LA, 71203 MONROT LA, 71203 PROPERTY DATA # OF BLOCKS 1 # OF LOTS 1 Block Lot Unit Address 4056 8 Entire Lot 209 MILTON AVE / Type: - 1 Property Dwelling Only Family PARTIES MORTGAGOR INDEX MORTGAGEE INDEX SHERRI L TALIENTO JPMORGAN CHASE BANK N.A. 209 MILTON AVE 780 KANSAS LANE STATEN ISLAND NY, 10306 MONROE LA, 71203 "And Others" Mortgage Cons: $38,365.85 PAYMENT DETAIL Make Checks Payable to: :::: ::::;=::::: :::::::::::::;=:::: FEESTrAID . Richmond County clerk: 757.20 Mortgage Tax -------------------- Total Payments For This Document: 825.20 ========================================================================================== EXAM DATE RECORDEDINRICHMOND COUE SEP 2 LAND DOC4 395657 CERK 24-MORTGAGES OUS NTAX: DC 5295 $757.20 09/21/2011 09:59:49 A.H. RECEIPT: 41785 FEE: $68.00 RICHNOND COUNTY CLERK FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 After Recording Return To: JPMORGAN CHASE BANK, N.A. CHASE RECORDS CENTER RE: COLLATERAL TRAILING DOCUMENTS PO BOX 8000 MONROE, LA 71203 .. This Document Prepared By: JPMORGAN CHASE BANK, N.A. ** 2210 ENTERPRISE DRIVE FLORENCE, SC 29501-1109 [Space Above This Line For Recording Data] HOME AFFORDABLE MODIFICATION AGREEMENT This modification adds the amount of $38,365.85 to the current principal balance of $315,672.40, and represents capitalized interest, fees, expenses, and other amounts due under the terms of the original Mortgage/Deed of Trust/Trust Deed. The new unpaid principal balance of the loan, as modified, is $354,038.25. The original principal balance of the loan on which mortgage/recording taxes were previously paid was $325, Loan Number * ("I"):1 Borrower SHERRI L TALIENTO AND THOMAS TALIENTO HER HUS n.- ** Lender or Servicer ("Lender"): JPMORGAN CHASE N.A. SUCCESSOR IN BANK, INTEREST BY PURCHASE FROM THE FDIC, AS RECE1VER FOR WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA Date of first lien mortgage, deed of trust, or security deed ("Mortgage") and Note ("Note"): JUNE 20, 2007 Loan Number: * Address roperty"): 209 MILTON AVE, STATEN NEW YORK 10306 Property r ISLAND, LEGAL DESCRIPTION:SECTION 6 BLOCK 4066 LOT 8 BOROUGH OF STATEN ISLAND, COUNTY OF RICHMOND, CITY AND STATE OF NEW YORK ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, LYlNG, AND SITUATE AND BEING IN THE BOROUGH OF STATEN ISLAND, COUNTY OF RICHMOND, CITY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDE OF MILTON AVENUE DISTANT 142.38 FEET SOUTHERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE WESTERLY SIDE OF MILTON AVENUE AND WITH THE SOUTHERLY SIDE OF RECORD LINE OF EBBITS STREET; RUNNING THENCE NORTH 64 DEGREES 26 MINUTES 68 SECONDS WEST AND PART OF THE DISTANCE "I." If more than one Barrower or Mortgagor is executing this docurnent, each is referred to as For purposes of this document words signifying the singular (such as "l") shall include the plural (such as 'we") and vice versa where appropriate JPMC MODIFIED MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ver. 07_19-2011._12_06-06 Forrn 3157 3/09 (rev. 10/10)(CHF rev. 03111) (page 1 of 11 pages) Thewithin describedpromis89Bf8 or ere to belmproven sen@9f1We famliyresidenceor #8ly FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 Loan Number THROUGH A PARTY WALL, 127.10 FEET To A POINT; THENCE SOUTH 37 DEGREES 00 MINUTES 22.60 SECONDS WEST 20.06 FEET TO A PolNT; THENCE SOUTH 64 DEGREES 26 MINUTES 58 SECONDS EAST 127.61 FEET TO A POINT ON THE WESTERLY SIDE OF MILTON AVENUE; THENCE ALONG THE WESTERLY SIDE OF MILTON AVENUE NORTH 35 DEGREES 33 MINUTES 02 SECONDS EAST 20.00 FEET TO THE POiNT OR PLACE OF BEGINNING. REFERENCE NUMBERS OF DOCUMENTS MODIFIED: RECORDED AUGUST 24, 2007 DOCUMENT No. 214088 Tax Parcel No: 04056 0008 This Modification Agreement modifies the following document: 1. CONSOLIDATION, EXTENSION AND MODIFICATION AGREEMENT dated 06-20-2007, recorded 08-24-2007, in Document No. 214088, of Section 5, Block 4056, and Lot 8, between SHERRI L TALIENTO and WASHINGTON MUTUAL BANK, FA in the original principal balance of $325,000.00 upon which, a mortgage tax of $0.00 was paid. This Consolidation, Extension and Modification Agreement consolidates and modifies the following Mortgages to create a single lien of $326,000.00; 2. Mortgage dated 02-12-2004, recorded 03-18-2004, Reel 18943 Page 48, between SHERRI LYNN TALIENTO and DOWNEY SAVINGS BANK AND LOAN ASSOCIATION, F.A., in the original principal balance of $233,000.00 upon which, a mortgage tax of $4,776.50 was paid. a. Assignment dated 05-31-2007, recorded 08-23-2007, in Document No. 214087, from DOWNEY SAVINGS BANK AND LOAN ASSOCIATION, F.A.to WASHINGTON MUTUAL BANK, F.A.. 3. Mortgage dated 06-20-2007 recorded 08-24-2007 in Document No. 214086, between SHERRI LYNN TALIENTO and THOMAS TALIENTO, JR to WASHINGTON MUTUAL BANK, F.A. in the original principal balance of $85,517.21 upon which, a mortgage tax of $1,753.10 was paid. If my representations and covenants in Section 1 continue to be true in all material respects, then this Home Affordable Modification Agreement ("Agreement") will, as set forth in Section 3, amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the Documents." "Loan Capitalized terms used in this Agreement and not defined have the meaning given to them in Loan Documents. I understand that after I sign and retum two copies of this Agreement to the Lender, the Lender will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied. 1. My Representations and Covenants. I certify, represent to Lender, covenant and agree: A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents or my default is imminent, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payrnents now or in the near future; B. One of the borrowers signing this Agreement lives in the Property as a principal JPMC MOD1FIED MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddie Mac UNIFORM INsTRUMENT ver. 07 19 2011 12 06 06 Forrn 3157 3/09 (rev. 10/10)(CHF rev. D3/11) (page 2 of 11 pages) FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 Loan Number residence, and the Property has not been condemned; C. There has been no impermissible change in the ownership of the Property since I signed the Loan Documents. A permissible change would be any transfer that the lender is required by law to allow, such as a transfer to add or remove a family member, spouse or domestic partner of the undersigned in the event of a death, divorce or marriage; D. I have provided documentation for all income that I receive (and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to qualify for the Home Affordable Modification Program ("Program")); E. Under penalty of perjury, all documents and information I have provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct; F. If Lender requires me to obtain credit counseling in connection with the Program, I will do so; and G. I have made or will make all payments required under a trial period plan. H. If I was discharged in a Chapter 7 bankruptcy proceeding subsequent to the execution of the Loan Documents, Lender agrees that I will not have personal liability on the debt pursuant to this Agreement. 2. Acknowledgements and Preconditions to Modification. I understand and acknowledge that: A. If prior to the Modification Effective Date as set forth in Section 3 the Lender determines that any of my representations in Section 1 are no longer true and correct or any covenant in Section 1 has not been performed, the Loan Docurnents will not be modified and this Agreement will terminate. In that event, the Lender will have all of the rights and remedies provided by the Loan Documents; and B. I understand that the Loan Documents will not be modified unless and until (i) the Lender accepts this Agreement by signing and returning a copy of it to me, and (ii) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Lender will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Agreement. 3. The Modification. If my representations and covenants in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on AUGUST 01, 2011 (the *Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. I understand that if I have failed to make any payments as a precondition to this modification under a trial period plan, this modification will not take effect. The first modified payment will be due on AUGUST 01, 2011. A. The Maturity Date will be. JULY 01, 2051. B. The modified principal balance of my Note will include all amounts and arrearages that will be past due as of the Modification Effective Date (including unpaid and deferred interest, fees, escrow advances and other costs, but excluding unpaid late charges, collectively, JPMC MODIFIED MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddie Mac uNIFORM INsTRUMENT ver. 07 19 20'f 1 12 06 06 Form 3157 3/09 (rev. 10/10)(CHF rev. Ostit) (page 3 of 11 pages) FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 Loan Number "Unpaid Amounts") less any amounts paid to the Lender but not previously credited to my Loan. The new principal balance of my Note will be $354,038.25 (the "New Principal Balance"). I understand that by agreeing to add the Unpaid Amounts to the outstanding principal balance, the added Unpaid Amounts accrue interest based on the interest rate in effect under this Agreement. I also understand that this means interest will now accrue on the unpaid interest that is added to the outstanding principal balance, which would not happen without this Agreement. . C. $56,000.00 of the New Principal Balance shall be deferred (the "Deferred Principal Balance") and I will not pay interest or make monthly payments on this amount. The New Principal Balance less the Deferred Principal Balance shall be referred to as the "Interest Balance" Bearing Principal and this amount is $298,038.25. Interest at the rate of 2.000% will begin to accrue on the Interest Bearing Principal Balance as of JULY 01, 2011 and the first new monthly payment on the Interest Bearing Principal Balance will be due on AUGUST 01, 2011. My payment schedule for the modified Loan is as follows: Years Interest Interest Monthly Estimated Total Payment Number of Rate Rate Principal Monthly Monthly Begins on Monthly Payment* Change and Escrow Payments Date Interest Payment Amount* Payment Amount 1-5 2.000% 07/01/2011 $902.54 $470.04 $1,372.58 08/01/2011 60 May adjust May adjust periodically periodically 6 3.000% 07/01/2016 $1,048.54 May adjust May adjust08/01/2016 12 periodically periodically 7 4.000% 07/01/2017 $1,202.65 May adjust May adjust08/01/2017 12 periodically periodically 8-40 4.625% 07/01/2018 $1,302.13 May adjust May adjust08/01/2018 396 periodically periodically *The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The above terms in this Section 3.C. shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable, step, or simple interest rate. JPMC MODIFIED MULTisTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ver. 07 19 2011 12 06 06 Form 3157 3/09 (rev. 10/10)(CHF rev. 03/11) (page 4 of 11 pages) FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 Loan Number I understand that, if I have a pay option adjustable rate mortgage loan, upon modification, the minimum monthly payment option, the interest-only or any other payment options will no longer be offered and that the monthly payments described in the above payment schedule for my modified Loan will be the minimum payment that will be due each month for the remaining term of the Loan. My modified Loan will not have a negative amortization feature that would allow me to pay less than the interest due resulting in any unpaid interest being added to the outstanding principal balance. D. I will be in default if I do not comply with the terms of the Loan Documents, as modified by this Agreement. E. If a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.C. F. I agree to pay in full the Deferred Principal Balance and any other amounts still owed under the Loan Documents by the earliest of (i) the date I sell or transfer an interest in the Property, (ii) the date I pay the entire Interest Bearing Principal Balance, or (iii) the Maturity Date. G. If I make a partial prepayment of Principal, the Lender may apply that partial prepayment first to any Deferred Principal Balance before applying such partial prepayment to other amounts due. 4. Additional Agreements. I agree to the following: A. That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless (i) a borrower or co-borrower is deceased; (ii) the borrower and co-borrower are divorced and the property has been transferred to one spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or (ill) the Lender has waived this requirement in writing. B. That this Agreement shall supersede the terms of any modification, forbearance, trial period plan or other workout plan that I previously entered into with Lender. C. To comply, except to the extent that they are modified by this Agreement, with all covenants, agreements, and requirements of Loan Documents including my agreement to make all payments of taxes, insurance premiums, assessments, Escrow Items, impounds, and all other payments, the amount of which may change periodically over the term of my Loan. D. I will pay to Lender on the day payments are due under the Loan Documents as amended by this Agreement, until the Loan is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance JPMC MODIFIED MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRuMENT ver. 07 19 2011 12 06 96 Form 31s7 3/09 (rev. 10/10)(CHF rev. O3111) (page 5 of 11 pages) FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 Loan Number required by Lender under the Loan Documents; (d) mortgage insurance premiums, if any, or any sums payable to Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan Documents; and (e) any community association dues, fees, and assessments that Lender requires to be escrowed. These items are called "Escrow items." I shall promptly fumish to Lander all notices of amounts to be paid under this Section 4.D. I shall pay Lender the Funds for Escrow Items unless Lender waives my obligation to pay the Funds for any or all Escrow Items. Lender may waive my obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, I shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. My obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement agreement" contained in the Loan Documents, as the phrase "covenant and is used in the Loan Documents. If I am obligated to pay Escrow Items directly, pursuant to a waiver, and I fail to pay the amount due for an Escrow Item, Lender may exercise its rights under the Loan Documents and this Agreement and pay such amount and I shall then be obligated to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with the Loan Documents, and, upon such revocation, I shall pay to Lender all Funds, and in such amounts, that are then required under this Section 4.D. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under the Real Estate Settlement Procedures Act ("RESPA"), and (b) not to exceed the maxirnum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, Instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge me for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays me interest on the Funds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or applicable law requires interest to be paid on the Funds, Lender shall not be required to pay me any interest or earnings on the Funds. Lender and I can agree in writing, however, that interest shall be paid on the Funds. Lender shall provide me, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to me for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify me as required by RESPA, and I shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify me as JPMC MODIFIED MULTisTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ver. 07 19 2011 12 06 06 Form 3167 3/09 (rev. 10/10)(cHF rev. 03/11) (page 6 of 11 pages) FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 Loan Number required by RESPA, and I shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by the Loan Documents, Lender shall promptly refund to me any Funds held by Lender. E. That the Loan Documents as modified by this Agreement are duly valid, binding .agreements, enforceable in accordance with their terms and are hereby reaffirmed. F. That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect; nothing in this Agreernent shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided in, and as expressly modified by, this Agreement, the Lender and I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents. G. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan Docurnents, if all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Mortgage. Lender shall not exercise this option if state or federal law, rules or regulations prohibit the exercise of such option as of the date of such sale or transfer. If Lender exercises this option, Lender shall give me 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 1 must pay all sums secured by the Mortgage. if I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies perrnitted by the Mortgage without further notice or demand on me. H. That, as of the Modification Effective Date, I understand that the Lender will only allow the transfer and assumption of the Loan, including this Agreement, to a transferee of my property as permitted under the Garn St. Germain Act, 12 U.S.C. Section 1701j-3. A buyer or transferee of the Property will not be permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement may .not be assigned to, or assumed by, a buyer or transferee of the Property. l. That, as of the Modification Effective Date, if any provision in the Note or in any addendum or amendment to the Note allowed for the assessment of a penalty for full or partial prepayment of the Note, such provision is null and void. J. That, I will cooperate fully with Lender in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Lender's procedures to ensure that the modified mortgage Loan is in first lien position and/or is fully enforceable upon modification and that if, under any circumstance and not withstanding anything else to the contrary in this Agreement, the Lender does not receive such title endorsement(s), title insurance product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. K. That I will execute such other documents as may be reasonably necessary to either (i) JPMC MODIFIED MULTISTATE HOME AFFORDABLE MOD1FICATION AGREEMENT - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ver. 07 19 2011 12 06 06 Form 3157 3/09 (rev. 10/10)(CHF rev. 03111) (page 7 of 11 pages) FILED: RICHMOND COUNTY CLERK 11/06/2023 03:28 PM INDEX NO. 135514/2019 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 Loan Number consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Agreement if an error is detected after execution of this Agreement. I understand that either a corrected Agreement or a letter agreement containing the correction will be provided to me for my signature. At Lender's option, this Agreement will be void and of no legal effect upon notice of such error. If 1 elect not to sign any such corrective document, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement, and I will not be eligible for a modification under the Home Affordable Modification Program. L. Mortgage Electronic Registration Systems, Inc. ("MERS") is a separate corporation organized and existing under the laws of Delaware and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, (888) 679-MERS. In cases where the loan has been registered with MERS who has only legal title to the interests granted by the borrower in the mortgage and who is acting solely as nominee for Lender and Lender's successors and assigns, MERS has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling the mortgage loan. M. That Lender will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, govemment monitoring information, and information about account balances and activity. In addition, I understand and consent to the disclosure of my personal information and the terms of the trial period plan and this Agreement by Lender to (i) the U.S. Department of the Treasury, (ii) Fannie Mae and Freddie Mac in connection with their responsibilities under the Home Affordability and Stability Plan; (iii) any investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); (iv) companies that perform support services for the Home Affordable Modification Program and the Second Lien Modification Program; and (v) any HUD certified housing counselor. N. That if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the Loan as modified, or is otherwise missing, I will comply with the Lenders request to execute, acknowledge, initial and deliver to the Lender any documentation the Lender deems necessary. If the Note is replaced, the Lender hereby indemnifies me against any loss associated with a demand on the Note. All documents the Lender requests of me "Documents." under this Section 4.N. shall be referred to as I agree to deliver the Documents within ten (10) days after I receive the Lender's written request for such replacement. O. That the mortgage insurance premiums on my Loan, if applicable, may increase as a result of the capitalization which will result in a higher total monthly payment. Furthermore, the date on which I may request cancellation of mortgage insurance may change as a result of the New Principal Balance. P. If my Loan Documents govern a home equity loan or line of credit, then I agree