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Digital Federal Credit Union-digital federal credit union fraud

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April 29, 2010
IIiiIIiiiiIIiiiUnion
220 Donald Lynch Blvd.
Marlborough, MA 01752
Re: =::~to Home Affordable Modification Program ("Program");
Pursuant to Section 6(DXl) ofthe Commitment to Purchase Fmancial Instrument and SetVicer
ParticipatiQn Agreement (the "Commitment'') for the Home Affordable Modification Program
under the Emergency Economic Sta.bili2mion M. of2008, enwoo into on January 15, 2010, by
and between Fannie Mae. llB financial agent ofthe United Stites ("Fannie Mae''), and Digital
Federal Credit Union ("Servicer"), this letter SeJ'Ves as:
(1) notificetion by Fannie Mae of1he termination ofthe Commitment (and together with
all documents inoorpOnlted by reference thereto, the "SPA"), which termination is
effective as ofthe April 29, 2010 and
(2) agreement by the Servicer that any provisions of1he SPA that contemplate their
COlrtinuing effectiveness, including, but not limited to, Sections 4, 5.B., 6, 8, 9, 11
and 12 ofthe Commitment. and Sections 2, 3, 5, 7, 8, 9 and 10 ofthe Financial
In.stromem. and any othe:r provisions ?()(' portions thereot) in the SPA that relate to, or
may lmpact, the ability ofFannie Mae and Freddie Mac to fulfill their responsibilities
as agents ofthc United States in connection with the Programs, shall survive the
expiration or termination ofthe SPA.
TeImS used but not defined herein are as defined in the Commitmeut This letter may be
executed by each ofthe parties hereto on any number ofseparate count.eIparts.
FANNIE MAE, solely as Financial Agent ofthe
United States
AGREED AND ACCEPTED:
COMMITMENT TO PURCHASE FINANCIAL INSTRUMENT
and
SERVICERPARTICIPATION AGREEMENT
This Commitment to Purchase Financial Instrument and Servicer Participation Agreement (the "Commitment") is entered into
as ofthe Effective Date, by and between Federal National Mortgage Association, a federally chartered corporation, as fmancial
agent of the United States ("Fannie Mae"), and the undersigned party ("Servicer"). Capitalized terms used, but not defined
contextually, shall have the meanings ascribed to them in Section 12 below.
Recitals
WHEREAS, the u.S. Department of the Treasury (the "Treasury") has established a Making Home Affordable Program
pursuant to section 101 and 109 ofthe Emergency Economic Stabilization Act of2008 (the "Act"), as section 109 ofthe Act
has been amended by section 7002 ofthe American Recovery and Reinvestment Act of 2009;
WHEREAS, the Treasury has established a variety ofprograms (the "Programs") under the Actto stabilize the housing market
by facilitating first lien mortgage loan modifications, facilitating second lien mortgage loan modifications and
extinguishments, providing home price decline protection incentives, encouraging foreclosure alternatives, such as short sales
and deeds in lieu offoreclosure, and making other foreclosure prevention services available to the marketplace (collectively,
the "Services");
WHEREAS, the Progrlllns may include Services relating to FHA, VA and USDA loans;
WHEREAS, Fannie Mae has been designated by the Treasury as a financial agent ofthe United States in connection with the
implementation ofthe Programs; all references to Fannie Mae in the Agreement shall be in its capacity as financial agent ofthe
United States;
WHEREAS, Fannie Mae will fulfill the roles of administrator and record keeper for the Programs, and in conjunction
therewith must standardize certain mortgage modification and foreclosure prevention practices and procedures as they relate to
the Programs, consistent with the Act and in accordance with the directives of, and guidance provided by, the Treasury;
WHEREAS, Federal Home Loan Mortgage Corporation ("Freddie Mac") has been designated by the Treasury as a financial
agent ofthe United States and will fulfill a compliance role in connection with the Programs; all references to Freddie Mac in
the Agreement shall be in its capacity as compliance agent ofthe Programs;
WHEREAS, all Fannie Mae and Freddie Mac approved servicers are being directed through their respective servicing guides
and bulletins to implement the Programs with respect to mortgage loans owned, securitized, or guaranteed by Fannie Mae or
Freddie Mac (the "GSE Loans"); accordingly, this Agreement does not apply to the GSE Loans;
WHEREAS, all other servicers, as well as Fannie Mae and Freddie Mac approved servicers, that wish to participate in the
Programs with respect to loans that are not GSE Loans (collectively, "Participating Servicers") must agree to certain terms and
conditions relating to the respective roles and responsibilities ofparticipants and other financial agents ofthe government; and
WHEREAS, Servicer wishes to participate in the .Programs as a Participating Servicer on the terms and subject to the
conditions set forth herein.
Accordingly, in consideration ofthe representations, warranties, and mutual agreements set forth herein and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Fannie Mae and Servicer agree as
follows.