Mortgage Electronic Registration Systems, Inc. Rider (Form 3158

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. RIDER
(MERS Rider)
THIS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. RIDER
(“MERS Rider”) is made this ______________ day of _______________________, ______, and
is incorporated into and amends and supplements the Deed of Trust (the “Security Instrument”)
of the same date given by the undersigned (the “Borrower,” whether there are one or more
persons undersigned) to secure Borrower’s Note to ____________________________________
(“Lender”) of the same date and covering the Property described in the Security Instrument,
which is located at:
______________________________________________________________________________
[Property Address]
In addition to the covenants and agreements made in the Security Instrument, Borrower and
Lender further covenant and agree that the Security Instrument is amended as follows:
A. DEFINITIONS
1.
The Definitions section of the Security Instrument is amended as follows:
“Lender” is ______________________. Lender is a ____________________________
organized and existing under the laws of ______________________. Lender’s address is
______________________________________________. Lender is the beneficiary under this
Security Instrument. The term “Lender” includes any successors and assigns of Lender.
“MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate
corporation that is the Nominee for Lender and is acting solely for Lender. MERS is organized
and existing under the laws of Delaware, and has an address and telephone number of P.O. Box
2026, Flint, MI 48501-2026, tel. (888) 679-MERS. MERS is appointed as the Nominee for
Lender to exercise the rights, duties and obligations of Lender as Lender may from time to time
direct, including but not limited to appointing a successor trustee, assigning, or releasing, in
whole or in part this Security Instrument, foreclosing or directing Trustee to institute foreclosure
of this Security Instrument, or taking such other actions as Lender may deem necessary or
appropriate under this Security Instrument. The term “MERS” includes any successors and
assigns of MERS. This appointment shall inure to and bind MERS, its successors and assigns, as
well as Lender, until MERS’ Nominee interest is terminated.
2.
The Definitions section of the Security Instrument is further amended to add the
following definition:
“Nominee” means one designated to act for another as its representative for a limited
purpose.
MERS RIDER – Single Family – Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3158
04/2014 (page 1 of 4 pages)
B. TRANSFER OF RIGHTS IN THE PROPERTY
The Transfer of Rights in the Property section of the Security Instrument is amended to
read as follows:
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all
renewals, extensions and modifications of the Note; and (ii) the performance of Borrower’s
covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following
described property located in the
__________________________________ of ______________________________________:
[Type of Recording Jurisdiction]
[Name of Recording Jurisdiction]
which currently has the address of _________________________________________________
[Street]
______________________________, ________________ __________ (“Property Address”):
[City]
[State]
[Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and
all easements, appurtenances, and fixtures now or hereafter a part of the property. All
replacements and additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the “Property.”
Lender, as the beneficiary under this Security Instrument, designates MERS as the
Nominee for Lender. Any notice required by Applicable Law or this Security Instrument to be
served on Lender must be served on MERS as the designated Nominee for Lender. Borrower
understands and agrees that MERS, as the designated Nominee for Lender, has the right to
exercise any or all interests granted by Borrower to Lender, 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, assigning and releasing this Security Instrument, and substituting a successor
trustee.
C. NOTICES
Section 15 of the Security Instrument is amended to read as follows:
15. Notices. All notices given by Borrower or Lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security
Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
when actually delivered to Borrower’s notice address if sent by other means. Notice to any one
Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
MERS RIDER – Single Family – Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3158
04/2014 (page 2 of 4 pages)
otherwise. The notice address shall be the Property Address unless Borrower has designated a
substitute notice address by notice to Lender. Borrower shall promptly notify Lender of
Borrower’s change of address. If Lender specifies a procedure for reporting Borrower’s change
of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time.
Any notice to Lender shall be given by delivering it or by mailing it by first class mail to
Lender’s address stated herein unless Lender has designated another address by notice to
Borrower. Borrower acknowledges that any notice Borrower provides to Lender must also be
provided to MERS as Nominee for Lender until MERS’ Nominee interest is terminated. Any
notice provided by Borrower in connection with this Security Instrument will not be deemed to
have been given to MERS until actually received by MERS. Any notice in connection with this
Security Instrument shall not be deemed to have been given to Lender until actually received by
Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this
Security Instrument.
D. SALE OF NOTE; CHANGE OF LOAN SERVICER; NOTICE OF GRIEVANCE
Section 20 of the Security Instrument is amended to read as follows:
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial
interest in the Note (together with this Security Instrument) can be sold one or more times
without prior notice to Borrower. Lender acknowledges that until it directs MERS to assign
MERS’s Nominee interest in this Security Instrument, MERS remains the Nominee for Lender,
with the authority to exercise the rights of Lender. A sale might result in a change in the entity
(known as the “Loan Servicer”) that collects Periodic Payments due under the Note and this
Security Instrument and performs other mortgage loan servicing obligations under the Note, this
Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will
be given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the
Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan
servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a
successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided
by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as
either an individual litigant or the member of a class) that arises from the other party’s actions
pursuant to this Security Instrument or that alleges that the other party has breached any
provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party (with such notice given in compliance with the requirements
of Section 15) of such alleged breach and afforded the other party hereto a reasonable period
after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to
be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
MERS RIDER – Single Family – Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3158
04/2014 (page 3 of 4 pages)
given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower
pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
E. SUBSTITUTE TRUSTEE
Section 24 of the Security Instrument is amended to read as follows:
24. Substitute Trustee. In accordance with Applicable Law, Lender or MERS may from
time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to
act. Without conveyance of the Property, the successor trustee shall succeed to all the title,
power and duties conferred upon Trustee herein and by Applicable Law.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this MERS Rider.
____________________________________________________(Seal)
-Borrower
____________________________________________________(Seal)
-Borrower
MERS RIDER – Single Family – Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3158
04/2014 (page 4 of 4 pages)