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IN RE TRICE

United States Bankruptcy Court, S.D. Ohio, Eastern Division.
Sep 1, 2005
AGREED ORDER ON MOTION FOR RELIEF FROM STAY

JOHN HOFFMAN, Bankruptcy Judge

This matter came to be considered on the Motion for Relief from Stay (the "Motion") filed by CitiMortgage, Inc., as successor by merger with Principal Residential Mortgage, Inc. (the "Movant") (Doc. No. 29) on August 1, 2005, and Debtor's Response to such Motion filed on August 18, 2005.

Movant has alleged that good cause exists for granting the Motion and that Debtor, counsel for Debtor, the Chapter 13 Trustee, and all other necessary parties were served with this Motion and with notice of the hearing date for this Motion; and

The parties have entered into an agreement resolving the Motion. The parties agree that the Debtor is delinquent with her payments to Movant through the Chapter 13 Trustee in the amount of $6,747.36 through September 1, 2005.

IT IS THEREFORE, ORDERED:

1. The parties agree that the Debtor is delinquent with her payments to Movant through the Chapter 13 Trustee in the amount of $6,747.36 through September 1, 2005.

2. The Debtor shall maintain regular monthly post-petition payments to Movant inside the Chapter 13 Plan beginning with a mortgage payment of $810.99 due on October 1, 2005. Failure by the Debtor to make any payment within 15 days of the date due shall constitute a default. Debtor can only default on this Order with Movant a total of TWO (2) times.

3. Upon the existence of a default, Movant's counsel may send Debtor and counsel for Debtor a 10-day notice of Movant's intent to file an affidavit and proposed order granting relief from stay.

4. If the default is not cured within that 10-day period, then upon the filing of an affidavit by Movant attesting to the default by the Debtor, an Order shall be entered without further hearing, terminating the stay imposed by Section 362 of the Bankruptcy Code with respect to Movant, its successors and assigns. IT IS SO ORDERED.