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HomeMy WebLinkAbout91012430961 ,00550 Return To: Zions First National Bank, N.A. Attn: Shipping Department 255 N Admiral Byrd Rd Salt Lake City, Utah 84116 1406542140 RECEIVED 7/20/2005 at 10:58 AM RECEIVING # 910124 BOOK: 591 PAGE: 550 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Line For Recording Data] LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate) IF THE LOAN MODIFICATION AGREEMENT MUST BE RECORDED, TWO ORIGINAL LOAN MODIFICATION AGREEMENTS MUST BE EXECUTED BY THE BORROWER: ONE ORIGINAL IS TO BE FILED WITH THE NOTE AND ONE ORIGINAL IS TO BE RECORDED IN THE LAND RECORDS WHERE THE SECURITY INSTRUMENT IS RECORDED This Loan Modification Agreement (the "Agreement"), made and effective this 8th day of July, 2005 ,betWeen Zions First National Bank, N.A. ("Lender") and HAL B CORNIA, a married person ("Borrower"), modifies and amends certain terms of Borrower's indebtedness evidenced by (1) the Note (the "Note") to Lender dated the 5th day of October, 2004 , in the original principal sum of U.S. $ 161,000.00 and secured by (2) the Mortgage, Deed of Trust, or Security Deed (the "Security InsLrument") and Rider(s), if any, dated the same date as the Note and recorded in Book or Liber 0570 , at pages 0195 , of the County Records [Name of Records] of L I NCOLN , WY [County and State, or other Jurisdiction]. The Security 1406542140 MULTISTATE LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate) - Single Family - Freddie Mac UNIFORM INSTRUMENT Form 5161 3/04 _l~-BO4R (0404) Page 1 of 5 Initials:~lT)(--- VMP Mortgage Solutions (800)521-7291 09:LO Lg '.0055 Instrument covers the real and personal property described in the Security Instrument and defined as the "Property", located at: 508 BIRCH CREEK LANE, COKEVILLE, I~Y 83114 [Property Address] the real property described being set forth as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE blADE A PART HEREOF. In consideration of the mutual promises and agreements exchanged, Lender and Borrower agree as follows (notwithstanding anything to the contrary contained in the Note and Security Instrument): 1. Current Balance. Asof July 15, 2005 , the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance") is U.S. $ 144,000.00 Interest Rate. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 5.2500 %,beginning July 15, 2005 ,both before and after any default described in the Note. The yearly rate of 5.2500 % will remain in effect until principal and interest is paid in full. 1406542140 ~-894R (0404) Page 2 of 5 Initials :~/~ C.~ Form 5161 3/04 .00552 Monthly Payments and Maturity Date. Borrower promises to make monthly payments of principal and interest of U.S. $ I, 1 5 ?. 5 9, beginning on the I s t day of S e p t e m h e r, 2005 , and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on Au§ust I, 2020 (the "Maturity Date"), Borrower still owes amounts under the Note and the Security Instrument, as amended by this Modification Agreement, the Borrower will pay these amounts in full on the Maturity Date. Place of Payment. Borrower must make the monthly payments at 255 N Admiral 8yrd Road Salt Lake City, Utah 84116 or such other place as Lender may require. Partial Payments. Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. Lender will use the prepayments to reduce the amount of principal that Borrower owes under the Note. However, Lender may apply the Prepayment to the accrued and unpaid interest on the prepayment amount before applying the prepayment to reduce the principal amount of the Note. If Borrower makes a partial prepayment, there will be no changes in the due dates or the amount of the monthly payments unless Lender agrees in writing to those changes. o Property Transfer. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by the Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 of the Security Instrument, within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Compliance with Covenants. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, including without limitation, Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is obligated to make under the Security Instrument. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except where otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. 1406542140 ~-894R (0404) Page 3 of 5 Initials :,~. Form 5161 3/04 · 0055,'. 091.0:[24 In Witness Whereof, Lender and Borrower have executed this Agreement. HAL B CORNIA -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower . (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Zions First National Bank, N.A. Name of Lender KURT T KOHFELD VICE PRESIDENT 1406542140 ~-8ona (0404) Page 4 of 5 Form 5161 3/04 ,-0,0554 -- [Space Below This Line For Acknowledgment in Accordance with Laws of Jurisdiction] __ See Attached Notary Acknowledgement as Page 6 140654214O ~-894R (0404) Page 5 of 5 Initials:7~ ~ Form 5161 3~04 Notary Acknowledgement to Modification STATE OF ~.,'~"i'- ) )SS: COUNTY OF (L~_~, ) I hereby certify that on this day, before me ¢v~i ¢.~,,~ / ¢. l-~,~. (notary), personally appeared HAL B CORHIA, a married person known to be the person(s) described in and who executed the foregoing Loan Modification Agreement and acknowledged before me that he/she/they executed the same for the purpose therein expressed. Witness my hand and official seal this /5-- day of Notary PuBlic ' ' '~ Residing at: My Commission Expires: NOTARY PUBLIC MICHAEL E. HALL 45 East 400 North Lo,gan, Utah 84321 My L. ommission Expires October 30, 2005 STATE OF UTAH STATE OF fA_'[ COUNTY OF ) )SS: ) I hereby certify that on this day, before me, ~,t'l t..~.~ ! ¢'= . /¢'~- t t (notary), personally appeared KURT T KOHFELD known to be the VZOE PRESIDENT of the corporation named and that he/she/they acknowledged executing the same freely and voluntarily under authority duly vested in them by said corporation. Witness my hand and official seal this ~/~ dayof ~"-\~' Notary Public / Residing at: My commission Expires: ' '~IOTARY PUBLIC MICHAEL E. HALL 45 East 400 Norlh Logan, Utah 84321 My Commission £xpire~ October 30, 2005 STATE OF UTAH 1894R6 Rev 07/04 1406542140 DES CRIPTION FOR HAL B. CORN1A FOR MORTGAGE TRACT To-wi.t:-- That part of Tract No. 66 ofT25N, R1.19W, Lincoln Comity, Wyoming described as follows: BEGINNING at a point S79°-45'E, 2100 feet from Corner No_ 6 of said Tract No. 66 I'ound as described in the Comer Record filed in the Office of the Clerk of Lincoln County; thence East, 500 feet; thence South, 500 feet; thence West, 500 feet; thence North, 500 feet to th~ POINT OF BEGINNING; TOGETHER WITH a non-exclusive access roadway over and across for ingress m~d egress described as follows: A strip of land sixty (60) feet in width being parr of Tract No. 45 and said Tract No. 66 with thc center-line described as ;~'ollows: BEGINNING at Cra'net No. 5 of said Tract No. 66 ,Mthia the 'bounds of State Highway 30; thence S89°-30'E, 2659.80 feet along lhe south line of said Tract No. 66 to Comer No. I of said Tract No. 45; thence Ninth, 500 feet, more or less, along the extant roadway; thence East, 590 feet, more or less, along an extant roadway to an intersection with the west line of the l'oregoing described tract, South, 200 feet from its northwest corner; it is furdwr stipnlated that no actual field survey was made, lhat no monuments were fotmd or ,set and that no plat was prepared and filed in the Office of the County Clerk; that the intent of this description is to enclose a building site for mortgage purposes and that the need for the description will evaporate when the mortgage is satisfied. 15 e: Comia MorrDes. 550