7
 ttllj\ {,=,$ ,:P'l"r nY- l|"t**') ARMON LAW OFFICES, P.C. I50 CALIFORNIA STREET NEWTON, MASSACHUSETTS 02458 MAILING ADDRESS: P.O. BOX 6r0389 NEW'TON HIGHLANDS, MA 0246I.0389 TEL (6r7) s58-8400 FAX (617)244-7304 SERT|ING MASSACHUSETTS, NEW H.4MPSHIRE AND RITODE ISLAND NATHALIE K. SALOMON ili1ltr1i-lltrlracsimite nsal omon@harmonl aw. com Via ovemight mail and first class mail. '-\ q:T1{:013} Tim A. Bryant 80 Bradford Drive Feeding Hills (Agawam), MA 01030-2728 Re: Specialized Loan Servicing - Loan no.1006509386. Property: 80 Bradford Drive, Feeding Hills (Agawam), MA 01030-2728 Dear Mr. Bryant: Please be advised that this office has been retained by Specialized,Loan Servicing ("SLS"), to respond to your three communications sent by e-mail, respectively dated November 75,20l2,November 20,2012 and November 27,2012 regarding the above- referenced loan. SLS is the servicer of the Loan on behalf of HSBC Bank USA, National Association, as Trustee for the Holders of the GSAA Home Equity Trust 2005-15 ("HSBC Bank"). I. The communication dated November 15r20t2, In your e-mail dated November 15,2012, you contend that HSBC Bank lacks standing to foreclose on the mortgage. While clearly articulated, and in of your contention, you seem to suggest that HSBC Bank did not comply with the terms of the PSA ("Pooling and Servicing Agreemeni") and that MERS had no authority to assign the mortgage. You also contend that HSBC Bank has never held the mortgage. Your allegations fail as a matter of law because (l) the record clearly shows that HSBC Bank is the current holder of the mortgage, (2) you have no standing to raise any issue regarding the PSA, (3) the courts in Massachusetts have unanimously held that MERS has authority to assign, and (4) the assignments of mortgage are valid and binding.

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ttllj\

{,=,$

,:P'l"r

nY-

l|"t**')

ARMON

LAW

OFFICES,

P.C.

I50

CALIFORNIA

STREET

NEWTON,

MASSACHUSETTS

02458

MAILING ADDRESS:

P.O. BOX 6r0389

NEW'TON HIGHLANDS,

MA

0246I.0389

TEL

(6r7)

s58-8400

FAX

(617)244-7304

SERT|ING MASSACHUSETTS,

NEW H.4MPSHIRE AND RITODE

ISLAND

NATHALIE

K.

SALOMON

ili1ltr1i-lltrlracsimite

nsal

omon@harmonl

aw.

com

Via

ovemight mail

and first

class mail.

'-\

q:T1{:013}

Tim

A.

Bryant

80

Bradford

Drive

Feeding

Hills

(Agawam),

MA

01030-2728

Re: Specialized

Loan Servicing -

Loan no.1006509386.

Property: 80

Bradford

Drive,

Feeding Hills

(Agawam),

MA

01030-2728

Dear

Mr.

Bryant:

Please

be advised

that this office

has been

retained

by

Specialized,Loan Servicing

("SLS"),

to

respond

to

your

three communications sent

by

e-mail,

respectively

dated

November 75,20l2,November

20,2012 and

November

27,2012

regarding

the above-

referenced loan.

SLS is the

servicer

of

the

Loan

on

behalf of

HSBC Bank

USA,

National

Association, as Trustee

for the Holders

of

the

GSAA

Home

Equity Trust

2005-15

("HSBC

Bank").

I.

The

communication

dated November

15r20t2,

In

your

e-mail

dated

November

15,2012,

you

contend

that HSBC Bank lacks

standing to foreclose

on the

mortgage.

While

not clearly

articulated,

and

in

support

of

your

contention,

you

seem

to

suggest

that

HSBC

Bank

did not comply

with the terms

of

the

PSA ("Pooling

and Servicing

Agreemeni")

and that

MERS

had no authority to assign

the mortgage.

You also

contend that

HSBC

Bank

has

never held the mortgage.

Your

allegations

fail as

a matter

of law

because

(l)

the record clearly shows that

HSBC Bank

is

the

current holder

of the mortgage,

(2)

you

have

no

standing

to

raise

any

issue

regarding

the PSA,

(3)

the courts

in

Massachusetts

have unanimously

held

that

MERS has

authority

to assign,

and

(4)

the assignments

of

mortgage are

valid

and

binding.

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First,

the

public

record

at the

Registry

of

Deeds

clearly shows that

the HSBC

Bank

is

the current

holder

of

mortgage

by assignment,

as

a

result

of

two

successive

assignments

of

the mortgage

as

follows:

1.

On September

23,2005,you

granted

a mortgage

to MERS

to

secure the

paymcnt

of

the note given

to Countrywide

Home Loans,

Inc.

("Countrywide',).

See

mortgage, p.

1

defining

MERS "the

mortgagee

under

this

Security

Agreement."

See also

p.

2 where you

agreed

to

"hereby

mortgage, grant

and convey

to

MERS

... and to

the

successors

and assigns

of

MERS,

with power

of

sale"

the

property.

lrue

and

acgEgtr

copies

of the note

and recorded

mortsase

are attached

hereto ar E*hifiia]-

2.

On

May

L6,2A11,

MERS

assigned the

mortgage

to

BAC Home Loans

Servicing,

LP fka

Countrywide

Home

Loans Servicing,

LP

("BAC")

and recorded

on

May

19,

2011. A

true and acer-rrate

eopy

of the recorded

assignment is

attached hereto

as

Exhibit

B.

3.

On

April

10,2A12,

BAC

assigned

the niortgagc

to HSBC

Bank. A

true

and

accurate

copy

of the

recorded

assignment

is attached

hereto

as Exhibit

C.

In Massachusetts,

a foreclosing

entity

can

foreclose if it

is the holder

by

assignment

of

the

mortgage.

US

Bank

National Association

v. Ibanez,458

Mass. 637,

648

(2011).

Here,

HSBC

Bank

is

the

holder

of

the

mortgage.

As a result,

HSBC has

standing

to

exercise

the

statutory

power

of sale

and

foreclose

under the mortgage.

Second, your

claim

that

HSBC

Bank lacks

standing due

to defests

and/or non-

compliance

with

the PSA

fails

as

a matter

of law.

In

Springer v. Deutsche

Bank

National

Trust

company,the

court

(Grossman,

J.)

(Mass.

Land

ct.)

(Jan.

1l,zar3),the

Land

Court reeently explained

the

well-established

principle

that rncrtgagors,

r,vho

claim

that

an

assignment was

not

executed

in

compliance

with

the PSA, do not

have

standing

to

challenge

an

assignment,

based

on the

following

grounds:

"The PSA

constitutes

a

contract between

IndyMac

and Deustche

Bank.

It

is

the

view

of

this

court

that

the

plaintiff

is without

standing to either

directly

or collaterally

challenge

the

validity

of

the

assignment of the Note

and

Mortgage

into

the Trust

even

if

that assignment

somehow contravened

with

the terms

of the PSA

.

. .

Plaintiff

is

not

a

third-party

beneficiary

with

enforceable

rights

under

the

PSA.

"It

is

the investors

who

are the irrtenried

beneficiaries

of

the ...Trust."

US

BankNationalAssoc.,

es Trusteefor

SABR

2006-NC2

v.

Orla,

et

al.

Summary

Process

No.

10H84SP004564,

Boston

Housing

Court

(June

7,

2012, Winik,

J.). Limitations

that may

be

placed

on

the

timing

of the

assignments

of

notes

and mortgages into

the

Trust

under

the terms

of the PSA

are intended

to

protect

the financial

interests

of

these investors.

Id.

Theplaintiff

is

not an investor

in

the

Trust,

and has

not identified

an enforceable

benefit,

right

or

protections

that

strangers

to the

Trust,

such

as

himself,

may

hold."

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r,oAN

*

t

ta4126037

4.

ADJUSTABLD

INTEREST

RATE

AND

MoF

THLY

PAYIVENT

ctIANGEs

(A)

Ctrange

Dates

The

initial fixed

interest

rate

I

witl

pay

will change

ro

an

adjustable

inbrcst

rato on

the

f

irst

day of

ocroBER'

2 010

'

and

the

adjusabie

interesl

rate

I

will

pay

may

changc

an

ftat

day every

l2rh month

thereafrer..

The

date

cn which

rny

initial

frxcd inlcrcst

rate changcs

to an

adjustablc iRtere.st

rate,

and

each

date on

which

rny adjustablc

inlere.st

rate

could

change, is

called a

"Change

Date.,,

@)

The

fndex

Beginning

with

tho

first

Chang-e

Dare,

my

adjuetable inferest

rate

will

be based

on

an

Index, The

,,Index"

is

the average

of

interbank

offered

fates

for

one-year

IJ.s,

dollar-denominsted

deposiLs

in

the

London

market

(IJBoR),

as

pul:Iished

in The-wall

Street

Joumal'

T'he most

rccent

Index

figuro

availablc

as

of

thl

dato

45

days

beforc

oach

it

*g"

brt" is

catted

thc

"Current

Index."

If

thc

Index is

no

longer

available,

the

Note Holder

will

choose

a

new index

rhat

is

bascd

upon

compar.able

information.

Thc

Note Holder

will

give

me

notice

of

this

choice.

CI)CnlNntimd[hnnuns

Beforo

each Change

Date,

the

Notc

Holder will

catculgte my

new

interest

rate

by

adding

Two

&

oNE-QUARTER

percenhgppoints(

z.zso

%)

to

the

Curront Index. The

Note

llolder

will

thcn

round

the

result

of this

addition

to tre

nearest

one-cighrh of

ono

perccntage point

(O.1?5?o),

Subject to

the

limits

statcd

in

Section

4(D)

bolow,

this

roundcd

amount

wilt

be

my

now inrrestrate until

the

next

Chango Date.

The

Note

Holder

will then

determine

lhe

amount

of

the

monthly

payment

that

woutd

be

sufficient

to

rcpay

the unpaib

principal

that l

am

expccted

to owe

at the Change Datc in

full on tbo

Manrrity Date

at

my new

interest rate

in

substantiatly

equal

paymenta-

The

result

of

this

calculadon will

be

*le

new

amount

of my

monahly

paymenl

(D)

Limtts

on

fnterest

Rate

Changes

The

interest

rate

I am required

o

pay

at thg

first

Change

Date will no

be'grBater than 10

.

625

% or

lees

than

2

.25O

96,

Thereafter, my adjustable

intcfcst

rate

will

nevcr be

lncrca.sed

or derrcascd on any singlo

Change

Datc

by

more

than

t$ro

percenhge

points

from

the rate of interest

I have

been

paying

for

the

preceding

L2

months.

My

intergsr

rate

will never

bogreatcrthan

10.625

9o.

@)

Effective

Da(o

of

Cbanges

My

new interest rate

lyill become

effective

on

cach

Change

Date.

I

wili

poy

the

amount

of

my now rnonftly

paymcnt

bcginning

on the

first monthly

payment

dato after

the Chango

Datc

until the amount

of

my

monthly

payment

changes

again.

(F)

lYottce

of

Clrango6

Beforc

the

effective

dare

of

any

change in

my

intere^st

rate

and/or

monthly

fraymcnt,

thc

Note Eoldcr wiII

doliver

or

mail

to

rne

a

nodce

of

such

change.

The rtoticc will include

information

required

by

law to

be

given

to

me and also the

title

and

telephone

number

of

o

person

who

will

answer

any

question

I

may have regarding

the

norice.

(G)

Dats of First Pclndpat and

fntcrrest

Paymcnt

Tho

date

of

my frrst

paymcnt

consisting

of bodr

principal

afld intcrsst

on

dris

Notc

(the

"Firsr

Principal and Intcrsst

Payment

Due

Date")

shall

ba the Iirst monrhly

payment

datc,

after

the

frrst

Change Date.

5.

BORROWERTS

RIGHT TO PREPAY

I

have

the

right

to

make

payments

of

Principal

at

any

time beforo they are due.

A

payment

of

Principal

only is known

as

a

"Prepa5rment."

'When

I

make

a Propayment,

f will

tell

the

Notc

Holdcr in writing

that

I

am doing

so.

I

may not

dasignate a

paymcnt

as a Prepa3rmont

lf

I have

not

made

all

thc

monthly

payments

due

under thia Note.

I

may

make a

full

Propayment

or

[rartial

Prepayrnenlr without paying

any Prepayment charge.

The Note Holder

wilt

usc

my

Pnopayments

to

rcduce

the

amount

of

Principat that

I owe

undor

this Notc.

Howcvcr, thc Nore Hotdcr tnay apply my

P(epayment

to

the accrued

ard

unpaid interest

on

the Prepa)rment amount

before

applying

my Prepayrnont

to

rEduce the

Principal

&mount

of the

Note. If

I

make

a

paltial

Prepayment,

thsre

witt

be no changes

in

thc due

date

of

my

monthly

paymenra

unless

thc Note Ilolder agrees

in writing

to those changes.

If

rhe

pa{ial

Prepayment

is

made

during the

period

wlren my

monthly

payments

consist

only of intcres ,

the

amowrt

of

the

rnonthly

paymcnt

witl

decreaso

for

tho

romainder

of

tho

torln

when

my

paymenB

aonsist of

only

inbre.st. If

the

partial

Prcpaymenr

is

made

during

the

period

when my

payment8

consist

of

principal

and

intcrest,

my

partial

Prepa).ment

may reduce

the amount

of

my

monthly

paymenb.aftcr

thc

first

Changc Date

foltoting my

partial

Prcpaymenl

llowever,

any

reducdon

duc to

my

parda

Prepayment

rnay

be

offset by

an

ifltcrest

rate

increase.

6.

LOAN

CIIARGES

If a

law, which

applie"s

to

this

loan and

which

sets

maximum

loan

charges, is

fi[atly interproted

so that the

interegt

or

ofier

loan charges

cdleoted

or

to

be

collccted

in

connec[ion

with

this

loan

excecd the

permitled

limits,

then:

(a)

any

such

loan

charge

shall

be

rcduced

by

the amount

nerc.ssary

to reduce

the

charge

to rhe

permitt€d

limit;

and

(b)

any

sutns already

collected from

mc that

cxceeded

permirtcd

limil.s

witl be

refunded. lo me.

The

Nore

F{older

may

choose

ro

nake

this

refund

by rcducing

the

Principal

I

owe

undcr

this

Note

or

by

making a

direct

paymenr

to

me, ff

&

r€fund rcduces

Principal,

the

rcduction wiu

be tceted

as

a

partial

Prepayment.

7.

B()RROIilER'S

tr.AILU:RE

TO

PAY AS REQUIRED

(A)

Late

Charges

for

Overdue

Pa5rments

If the

Note

llolder

has

not received

thc

full amount

of

any

monhly

payment

by

tho

end

of

FIFTEEN

calendar

days

after the date it is due, I

will

pay

a

lal.c

charge ro the

Note Holder. The amount

of

rhe

charge

will

be

3

.

Oo o

9o

oE

my

overdue

payment

of

inErest, during

the

period

when

my

ptyment

is

interest

only,

and

of

principal

and

interesc

hercafter.

I

will

pay this

Iats

ehargo

prOmptly

but only

oncc on

each lalc

payrnBnl

(B)

Default

If I

do not

pay

the

full

amount

of

each

monthly

paymcnt

on

the datc

it

is due,

I will

be

in dcfaulL

cotw

.

MULTISTATE

Inl3lct OnIy ADJIJdTABLE

RATE NOTE.

ONE

YEAR LIAoF

INOE.X

aDSoE-XX

(oil/c3)

Pr€6

2

ol 4

,"n.,*&

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loAN

#

z ).L4726O37

(C)

Notico of Default

If

I

am

in

defaul

thc

Note Holder

may

send

mc

a writ@n

notice

telling

me

that

if

I do

not

pay

the overdue

amount

by

a

cortain

date, the Note

Holder

may require

me

to

pay

im;nediately

the

fulI

amount

of

Principal

that has not been

paid

and

all

the

interest that f owe on

that

amount.

Ttrat

date

must

be

lt

least

30 days

after

the

date

on which

the

notice

is

mailed to

me

or

delivered

by

oth€r maans.

(D)

No WatverByNote

Holder

Even if,

at

a time

wheu I am

in

defaull the

Note

Holder does not require me

to

pay

immediately

in

fuIl

ae

dcscribed

above,

the

Note Holder

will

still

have

the

ridht

to

do so

if I

am

in

default

at

a later time.

@)

Payment

of

Note flolder'e Costa

and

Enpeuaee

If

the

Note

l{older

has required me to

pay

iernediately

in

full

as described above,

fhe

Note

Holder

will

have tho

right

m

be

paid

back

by

me

for

all

of its

costa

and

oxpensos in

onforcing

this

Notc

to

the

extent

not

prohibited

by

applicablo

law.

Those

expenses

includq

for

example,

rea.gonablc

attorneys' fces,

S. GWINGOFNOTICES

Ijnless

applicable

law

r€qDires

a

dififersdt

metho4

any

noticc that

rnust be

givcn

to me

und€r this Note

wiII

be

grvtu

by

delivering

it

or

by mailing

it

by

first class

mail

to

me at

the

Property

Address

above

or

at a diffierent address

if

I

givc

the

{ote

Holder

anotice

of my diffcrent

address.

IJnless

the

Notc I{oldor

requires

a

different

metho4 any

notico

that

mustbe

givcd

to thc Noto

lf,older

under

this

Nolc

will

be

given

by maillng ir

by

fir8t

clbss

mail

to the

Notc

Elolder ar

thc addrcss

stated

in Section

3(A) above or

at

a differcnt

address

iff

am

given

a

notice

of

that

differcnt add$sss.

9. OBLIGATIONS

OI' PERSONS

UNDER

THI,S

NOTts

If

more

than one

pcrson

sigrre thig

NoE,

each

pereon

is

frrlly

and

porsoaally

obligEted

to ke€p

all

of

the

promises

msde

in

this

Note,

including

the

promise

to

pay

thc

flrll mount

owed. Any

person

who

is

a

guarantor,

Eurcty or

endorser

of

thi8

Noto

i8

aleo

obligated

to

do

the.so

things.

Any

pereon

who

takes

ovcr

thcse

obligations,

including

the

obligations

of

a

guarantor,

surety

or endorser

of

this

Notq

iE

also

obligated to

keep atl

of

the

promises made

in

this

Notc.

Thc

Notc

l{older

may

cnforce its

tights

under

this Note

against each

per*on

individuatly

or against

all

of

us

together.

This

means that

any

one

of us may

be reguir€d

to

pay

all

of

the

amounts owed under thie Note.

10.

\trawERs

I srd any other

perso-n

who has

obligations

under

this

Note waive

the rights

of

Pr-csontment

and

Notice of

Dishonor.

"Pre.sentment"

mea$s

tho

right

to

reguire

thc Note

Holder

to

de{nand

payrnont

of

amounts

due,

"Notice

of

Dishonor'

means

the

right

to

require thc Noto IIoIder

to

give

notice to

other

persons

thai

strnounb

due have not been

paid.

11. UNIF'ORM SECT'RED NOTE

Thie

Note

is

a

unifoirn

instrument with iisrited

variations

in

some

judsdictions.

In

addition

to

the

protections

given

to

dre

Note

Holdcr

under this

Note,

a

Mortgage, Decd of

Tru6t,

or

Security

Deed

(the

"Sccurity

Instrumenf'),

dated tho

same dato aa

this

Note,

protects

the

Note

Holder ftom

possible

losses that

might

result if

I do

nor

keep the

promises

that

f drake

in

this

Note.

That

Security

Instrument describEs

how

and

under

what

conditiona

I may

be-required

to

make immediate

paymcnt

in

full

of

all

amounts l owe

undcr

thie

Note. Some

of

thoso

conditions

read

a.s

follows:

(A)

Until

my

initial fixed

interest

rate changes

to

an

adju8tab.le

interest

rate

undcr

the

tcrma

statcd

in Section

4

abovc,

Uniform

Covgnant

18

of

the Sccurity Instrument shgll read

as

follows:

Transfer of

the

Proporty

or

a

Beneficial Interest in Borrowen As

used

in

this

Section

18,

"Interest

in

tlte

PropcrEy"

mean8 any

legal

or

beneficial intereat in

the

Property, including,

but not limitcd

to,

those

beneficial

iilterests

transferred in a bond for

deed,

contract

for

deed, installment salca contract or escrow

agt€sment,

the

intent of

which is

the transfer

of

tide

by

Ilorrower

at

a

future datc to

a

purchaser.

If

all

or

any

part

of

the

Property

or

arry

interest

in

it

is sold

or

transferred

(or

if

Borrower

ia

not

a

natural

pereon

and

a

beneficial

intereGt

in

Borrower is

sold or Fansferred)

without Lender's

prior

written

con8ent,

I3nder

m8y,

at

its

option,

roquirc

immediata payment

in

fulI

of

all

eunre

sccured

by

ttris

Sccuriry

Inst

ument. Ilowevcr, this

oprion

shall

not

be

exercised by

Lender

if

exe'rcisc is

prohibited

by

fedoral

law.

If

ffoder exercises

this option,

Lender

shall

give

BolnDwer

nodce

of

accelenation.

The

notice shall

pmvide

a

period

of

not

less

than

30

days

fiom

the

dato

the

notice ie

grvsn

in

accordance with Section

15

within which

Borrower

must

pay

all

sums

securcd

by this

Security

fnstrumenl If Borrower fails

to

pay

these

sums

prior

to

lhe

expiration

of

this

period,

Lender uray

invoke

any

rcmedics

permitted

by

this

Security

Insrument

without firrther notice

or dcmand

on

Borrower,

(E;)

When r1r5r

inttial

fi;ed

ifltEresr

rate

changes-ro an adjustable

interest

ratc

undor the

terrna

Btatcd

in

Sccrion

4

abovc,

Uniform Cov€nant

18

of

the

Secudry

Instrurpnt

described

in

Section

11(A)

abovc

ghall

thEn ccase

to

be

in

offcct, and.Ilniforrr

Covenant

18

of

the Security

Insrumcnt

shall instcad rcad

as

follows:

Trarsfer of tbe

Property

or a

BeneFcial

Inlerest

in

Borrower.

As

used

in

tlris

Section

18,

"fntarest

in the

Property"

means

any

logal

or

benefrcial

intcrcst in

ttre

Propcrty,

including, but

not

limircd to,

thosc bcncficial

interesB tmnsferred in

a bond

for

deed, contract

for deed, iostallment

ssles contract or

escrow agrcement, thc

intent

Of

which

is

thc

transfor

of titlo

by.Ilorrowcr

at

a

futurc

date

o

a

purchaaer.

coNv

.

MULTISTATE

lntlrcat ody

AATU6TABLE FATE NOTE

-

ONE

YEAR LBOR

INOEX

2D8O+XX

(()4/06)

Fage

3 ot 4

Page 5: 2013 Copy of Note_HarmonLaw_Bryant

7/21/2019 2013 Copy of Note_HarmonLaw_Bryant

http://slidepdf.com/reader/full/2013-copy-of-noteharmonlawbryant 5/6

Prepared

by:

ALICIA CBISOSTOMO

t

InteresrOnly"*

ADruSTABLE

RATE

(One-Year

LIBORIndex

(Ae'Published

in

The

lYali

Streei ioitttia[)

TT.IIS

NOTE

CONTAINS

PROVISIONS

ALLOWING

FOF A

GHANGE

IN

MY'FIXED

INTERE€iT

RATE

TO

AN ADJUSTABLE

INTEREST

HATE

AND

FOF

CHANOES

IN

MY MONTTILY

PAYMENT.

THIS

NOTE LIMITS THE

AMOUNT

MY

ADJUSTABLE

INTEREST

FATE CAN

CHANGE

AT ANY

c)NE

TIME AND'THE

MAXIMUM

RATE

t MUST PAY.

LOAN

#;

Lj-4726O37

NOTE

-

Raio

Caps)

MASSACHUSETTS

[Steie]

1. BORRO\ilER'S

PROMISE

TO

PAY

In

return

for a loan

that

f

have

received, J promiso

to

pay

U.S,

$

Z2S,

O

0

0

.

OO

(this

amount is

called

',principal,'),

plus

intercst, tc

the

ordcr of Lender.

Lciidei

i.5

COUNTRYWIDT

HOME

I,OANS, INC.

I

will make

alt

payments

under this

Note

in

the

form

of

ca.sh,

chcck

or money

order.

I understand

that

Lendef

may

transfer

thiF

Note. Londer

or

anyone who

takes

this

Note

by

transfcr

and who is entitled

to

rcceive

Davments under this Note is called the

"Note

lfolder.

2. INTERES.I

Interest

will be charged

on

unpaid

principat

until

the

full

amount

of

Principal

ha.s been

paid.

I

will

pay

intcrest at

a

yearly

rato

of

5

. 625 %.The

interest

rate

I will

pay

may

chango

in

accordance

with

Seotion

4

of

this Note.

The

interest rate requircd

by this

section

2

and Section 4

of

this

Nore is rhe rate

I will

pay

both beforc

and

after

any

defaulr

dcscribed

in Scction

7(B)

of

this No o.

3.

PAYMENTS

(A)

Tlme andPlace

of

Payments

Iwillmakeapaymcnt'on*le

f,irst dayofeverymonth,bcginningon

N6vEMBER

01, 2oob

Bcforc

the

First

Principal

and Intereet Payment

Due

Datc

as

described

in

Scction 4

of this

Noto,

my

payment

will

consist

only of

the

intere.st

due

on

the unpaid

principal

balancc

of

this

Note.

Thereafler,

I

will

pay

principal

and

interest

by

making

a

payment

every

rnonth

a.s

provided

below.

I will

make

my monthly

paymenLs

of principal

and intorest

boginning

on the First

Principal

and

Intcrogt Payment

Duo

Dato

as

described

in

Section 4

of

tbis Note.

I

will

make

these

paymonls

every

month

unril

I havo

paid

all of

the

principal

and intcregt

and any

other

chargcs

described

bclow that

f may owe under this

Note. Each

monthly payment

will

be applied as

of

it8

schedulcd

due

date, and

if

the

payment

includes

both

principal

and interest,

it will

bo apptied

to

interest

Uefore

principat.

If, on

ocroBER 01, 2O35

,I

still

owc

amoun[o

undor

this Ngtc, f

wifi

pay

thos6

arnounB

in

full on that

daE,

which

is

called

the']vlaErriry

Dare."

I

urill

makc

rny

monrhly

paymcnts

at

P.O.

Box

660694,

Dallas,

Tn- 15266-0694

or at

a

different

place

if

requircd

by

the Note

Ilolder.

@)

A.nount

of

l\(y Inttlal

MonUrly

Paymentg

MymonthlypaymentwillbeintheamountofU.S.$

1,068.75 beforb

the First

principal

and

Interesr

Payment

Due

Darc,

and thereafter

will

be

in

an

amount

sufficient to

repay

the

priucipal

and

ioterest

at

the rato

detegnined as

doscribed

in Section 4 of

thie

Note in

substEntially equal

installments

by

thc Maturiry

Date. Thc

Note

llotder

will

notify

me

prior

to the

date

of

changc

in monthly

payment.

(C)

Monthly Palrmont

Changes

Changes

in

my rnonthly

payment

will

rcflect

changes

in the

unpaid

principal

of my loan

and

in

tho

intersst

rato that

I

musr

pay.

The

Note

Holder

will

determine

my

new

inbrest

rate

and lha changed

amounr

of

my monthly

paymcnt

in

accordance

with

Section

4

or

5

of

this Note,

SEPTEMBER

23,

2OO5

FEEDING

HILI,S

fDrto]

tcity)

8O

BRADF'ORD

DR,

FEEDING

HI'JLS,

T.{A

O].030-2728

lPreperty

Addre$l

coNv

O

MULTISTATE INIAT*I

ONIY

AD.IUSTABLE

RATE NOTE

-

ONE

YEAR

UBOR

INDEX

zDEO5-XX

(O4lo3)(d)

.'Pags

1

of 4

tiltil|fr||ililililililfiililfi

'23991'

,.t".,N

V-

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7/21/2019 2013 Copy of Note_HarmonLaw_Bryant

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{p

f.oAN

#:

1l-4725037

If all or

any

palt

of

the Property

or

any

Interest

ia thc

Propcrty is

nold

or

uonsfored

(or

if

Borrower

io

not

a

natural

person

and

a

beneficial

interest

in Borrower

is sold or

transfercd)

without

Lcnder's

prior

written

consent,

Lender

may rtquirc

immediatc payrnont

in full

of all

sum$

gecured

by

this

Seculity

Instrument,

I{owever,

this

option

shall

not

tre excrcised by .cnder if

such exerci;e i$

Drotlibited

by

Applicablo

Law,

Londor

also shall not exorciso

this

oPtion

if:

(a)

Boffowot

e{u6ea

to

bo

submitted

co

Lcnder

information

requiled

by Lender

to

evaluate

the

intEndcd

trangferce as if a

new loan

were

being

made

to

the

Eansfereo; and

(b)

Lcndcr

reasonably

determine.g

that

l-ender"g

secufty will

not

bc

impated

by

the

loan

assumption

and

that

the

risk

of

e

breacir

of

any

covenant

or agrrrment in

this

Securitylnstrument

is

acceptable to

Lender.

To

rhe exrnt

pcmitred

by

Applicable Law,

Lendcr

may

charge a

rea.sonablo.fee

as

a

condition

to

Londer.s

consent

to tlre loan

arsurnption.

Lender

may

also require

the

transfgree

to sign

an

assumption

agrEement

that is

acceptable to

Lender

and thal obtigat€$

tho

transferca

to

keep

all

the

promiece

and

agreemonts

srade

in

the

Note

and

in tlds Security

Instrument.

Borrower

\ilill oontinue

to

be

obligated under

the Nore

arrd

this

Socurity

Instrument

unle,gs

Lender

releases

Bouower

in writing

If Lendcr cxcrcissg

the option

to requirs

immediatE

paymcnt

in

full,

Lender

shall

give

Bonowcr notice of

ac:celoralion.

The

notice

shall

provide

a

pcriod

of

not less thon

30

days

&rcm

the

date

the

notice

is

given

in

accordance

with

Section 15

v/ithin

which Bouower

must

pay

all

sumr

secured

by

thia Securiry

Instrumcnt. If Borrower

fails

ro

pay

thase

sutls

prior

to the

expirution

of this

period,

I-ender may invoke

any

remediec

permitted

by

this

Security

Instrur[ent

without

further

notice

or demand

on

borrower,

WITNESS

THE

I{AND(S) AND

SEAL(S)

OF

THE

UNDERSIGNED.

Christl.ne

E.

Webscer

-Borrorcr

-Borcrvcr

(Sesl)

(Seal)

-Bonowcr

[Sign

Original

OnIyJ

t

\t-nl

./-

ooNv

.

MULTISTA'rE Int6r.rt

Onry

AD.JUSIAELE

RATE

NOTE - ONE YEAB

LTBOR

INDEX

2D8Os-XX

(Olv03)

Page

4

ot

4