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000464
312 to
RECEIVED 3/16/2006 at 9:57 AM
RECEIVING # 916701
BOOK: 614 PAGE: 464
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
After Recording Return To:
FHHLC-Post Closing Mail Room
1555 W. Walnut Hill Ln #200 MC 6712
Irving, TX 75038
Loan Number: 0053964821
--._--~._--,,---_____..._ n....__.,.. .._ ... ..
(Space Above this Line for Recording Data)
LOAN MODIFICATION AGREEMENT
(Providing for 6 month LmOR Adjustable Rate Interest Only)
This Loan Modification Agreement (" Agreement"), made this 6th
2006 ,between
SHANNON BASARABA & SRAWNA BASARABA, Husband & Wife
day of MARCH
("Borrower") and
FIRST HORIZON HOME LOAN CORPORATION ("Lender"),
amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed ("The Security Instrument"), dated
7/11/2005 and recorded in 909961 ,
of the Land 1 Official Records of Lincoln County, and (2) the Note bearing the same date as, and
secured by, the Security Instrument, which covers the real and personal property described in the Security
Instrument and defined therein as the "Property", located at
221 ELKHORN DRIVE, ALPINE, Wyoming 83128
(Property Address)
The real property described being set forth as follows:
LOT 73 IN ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3, AMENDED, SECOND
FILING, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED
JANUARY 23, 2002, IN THE OFFICE OF THE COUNTY CLERK AS PLAT 6-B.
Initials $'P...6 ~~
Loan Mod Agnnnt. A3NO, A56N
T6LI. SE3N, SESN, A36N, AL5I 0206
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091()701
000465
In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows
(notwithstanding anything to the contrary contained in the Note and Security Instrument):
1. As of 3/06/2006 , the amount payable under the Note and the Security
Instrument (the "Unpaid Principal Balance") is U.S.$ 328,000.00 . Borrower
hereby renews and extends such indebtedness and promises to pay jointly and severally to the
order of the Lender the sum of U.S. $ 328,000.00 (the "Principal Balance"),
consisting of the amount(s) loaned to Borrower by Lender and any interest capitalized to date.
2. Borrower promises to pay the Principal Balance, plus interest, to the order of Lender. Interest
will be charged on the Principal Balance at the yearly rate of 6 . 875 %, from
3/14/2006 . The interest rate Borrower will pay will change in accordance
with Paragraphs 7 and 8 of this Agreement. The interest rate required by this Paragraph 2 and
Paragraphs 7 and 8 of this Agreement is the rate Borrower will pay both before and after any
default under the terms of the Note, as amended by this Agreement.
3. Borrower promises to make initial monthly payments of U.S. $ 1, 879 . 17 , beginning on
5/01/2006 , until the first principal and interest payment due date on
5/01/2016 ,and thereafter will make monthly payments in an amount sufficient to
repay the principal and interest at the rate detennined as described in Paragraphs 7 and 8 of this
Agreement. If on 4/01/2036 , ("Modified Maturity Date"),
Borrower still owes amounts under the Note and the Security Instrument, as amended by this
Agreement, Borrower will pay these amounts 'in full on the Maturity Date. Borrower
will make such payments at PO BOX 809, MEMPHI S, TN 38101
or at such other place as Lender may require.
4. The first principal and interest payment will be due on the first day of MAY, 2016
The interest rate Borrower will pay may change on the first day of APRIL, 2011 ,
and on that day every six (6) months thereafter. Changes in the monthly payment will reflect
changes in the unpaid principal of the loan and in the interest rate Borrower must pay. Lender
will detennine the new interest rate and the changed amount of the monthly payment in
accordance with Paragraphs 7 and 8 of this Agreement. Each date on which the interest rate
could change is called a "Change Date" .
5. Beginning with the first change Date, the interest rate will be based on an Index. The "Index" is
the average of interbank offered rates for six month U.S. dollar-denominated deposits in the
London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index
figure available as of the first business day of the month immediately preceding the month in
which the Change Date occurs is called the "Current Index." If the Index is no longer available,
Lender will choose a new index which is based upon comparable information. Lender will give
Borrower notice of this choice.
6. Seller assigns and transfers to Borrower both the casualty insurance policy on the Property and
all funds on deposit for payment of taxes, homeowner association dues, insurance premiums and
any applicable refunds.
7. Before each change date, Lender will calculate the new interest rate by adding 2. 250 % to
the Current Index. Lender will then round the result of this addition to the nearest one-eighth of
Initials ~ ~
0053964821
Loan Mod Agnnnt. A3NO. A56N
T6LI. SE3N, SESN. A36N. AL51 0206
Page 2 of7
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0916701
000466
one percentage point (0.125 %). Subject to the limits stated below, in Paragraph 8 'of this
Agreement, this rounded amount will be the new interest rate until the next Change Date.
Lender will then determine the amount of the montWy payment that would be sufficient to repay
the unpaid principal that Borrower is expected to owe at the change Date in full on the maturity
date at the new interest rate in substantially equal payments. The result of this calculation will
be the new amount of the montWy payment. Borrower will pay the amount of the new monthly
payment beginning on the first montWy payment date after the change date until the amount of
the montWy payment changes again. The monthly payments will be applied first to the payment
of interest due and then to principal.
8. The interest rate Borrower is required to pay at the first Change date will not be greater than
12 . 875 % or less than 2 .250 %. Thereafter, the interest rate will never be
increased or decreased on any single change d¡¡.te by more than 2 . 00 % from the rate of
interest Borrower has been paying for the preceding six (6) months. The interest rate will never
be greater than 12.875 %.
9. Before the effective date of any change, lender will deliver or mail to Borrower a notice of any
changes in the interest rate and the amount of the montWy payment. The notice will include
infonnation required by law to be given to Borrower and the title and telephone number of a
person who will answer any questions Borrower may have. Unless applicable law requires a
different method, any notice that must be given to Borrower under this agreement will be given
by delivering it or mailing it by first class mail to Borrower at the Property address stated above
or at a different address if Borrower gives Lender a notice of Borrower's different address. Any
notice that must be given to Lender at the address stated in Paragraph 3 above or at a different
address if Borrower is given a notice of that different address.
10. If Lender has not received the full amount of any montWy payment by the end of 15 calendar
days after the due date, Borrower will pay a late charge to Lender. The amount of the charge
will be 5 . 00 % of the overdue payment of principal and interest. Borrower will pay
this late charge promptly but only once on each late payment. The late charge is not in lieu of
any other remedy of Lender, including any default remedy, and will not be charged if such
charge would constitute interest in the excess of the maximum permitted by state law.
11. Borrower has the right to make payments of principal at any time before they are due. A
payment of principal only is known as a "prepayment". When Borrower makes a prepayment,
Borrower will notify the Lender in writing that Borrower is doing so.
12. The lien and security interest secured by this Agreement is a "Renewal and Extension" effective
as of 3 / 0 6 / 2 0 0 6 . It is the intention of the parties that all liens and
security interests described in the Security Instrument are hereby renewed and extended until the
Indebtedness evidenced by the Note, as renewed, modified, and extended hereby, has been fully
paid. Lender and Borrower acknowledge and agree that such extension, renewal, amendment,
modification or rearrangement shall in no manner affect or impair the Note or the liens and
security interests securing same, the purpose of this Agreement being simply to extend, modify,
amend or rearrange the time and the manner of payment of the Note and the indebtedness
evidenced thereby, and to carry forward all liens and security interests securing the Note
(including if applicable any and all vendor's liens securing the Note), which are expressly
Initials 5~& ~ß
0053964821
Loan Mod Agnnnt. A3NO, A56N
T6LI, SE3N. SESN, A36N, ALSI 0206
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0916701
C00467
acknowledged by the Borrower to be valid and subsisting, and in full force and effect so as to
fully secure the payment of the Note. The Borrower hereby expressly waives the benefit of any
and all statutes of limitation which might otherwise inure to Borrower's benefit, or be in any
way applicable to Borrower's obligations under the tenns of any and all instruments described
herein.
13. If all or any part of the Property or any interest in the Property is soid 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 this 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 delivered or mailed
within which the Borrower must pay all sums secured by this Security Instrument. If Borrower
fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Securily Instrument without further notice or demand on Borrower.
14. 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; however, the
following tenns and provisions are forever canceled, null and void, as of the date specified in
paragraph No. 1 above:
(a) all tenns and provisions of the Note and Securily Instrument (if any) providing
for, implementing, or relating to, any change or adjustment in the rate of interest
payable under the Note; and
(b) all tenns and provisions of any adjustable rate rider, or other instrument or documents
that is affixed to, wholly or partially incorporated into, or is part of, the Note or
Security Instrument and that contains any such tenns and provisions a.s those referred to
in (a) above.
15.
No provisions of this Agreement or the Note or any instrument evidencing or securing the Note,
or otherwise relating to the indebtedness evidenced by the Note, shall require the payment of
permit the demand, collection, application or receipt of interest in excess of the maximum
permitted by applicable state or federal law. If any excess of interest in such respect is herein or
in any such other instrument provided for, or shall be adjudicated to be so provided for herein or
in any such instrument, the provisions of this paragraph shall govern, and neither Borrower nor
any endorser or guarantor of the Note nor their respective heirs, personal representatives,
successors or assigns shall be obligated to pay the amount of such interest to the extent it is in
excess of the amount permitted by applicable law. It is expressly stipulated and agreed to be the
intent of Borrower and Lender to at all times comply with the usury and other laws relating to
the Note and the Security Instrument and any subsequent revisions, repeals or judicial
interpretations hereof, to the extent applicable thereto. In the event Lender ever receives,
collects or applies as interest any such excess, including but not limited to any "late charges"
collected, such amount which would be excessive interest shall be applied to the reduction of the
unpaid principal balance of the Note, and, of upon such application the principal balance of the
Note is paid in full, any remaining excess shall be forthwith paid to Borrower and the provisions
of the Note and the Security Instrument shall immediately be deemed reformed and the amounts
thereafter collectible there under reduced, without the necessity of execution of any new
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Initials SM...B
0053964821
Loan Mod Agrmnt. A3NO, A56N
T6LI, SE3N, SESN, A36N, AL51 0206
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0916701
O('468
document, so as to comply with the then applicable law, but so as to permit the recovery of the
fullest amount otherwise called for there under. In determining whether or not the interest paid
or payable under any specific contingency exceeds the maximum interest allowed to be charged
by applicable law. Borrower and Lender shall. to the maximum extent permitted under
applicable law. amortize, prorate, allocate and spread the total amount of interest throughout the
entire tenn of the Note so that the amount or rate of interest charged for any and all periods of
time during the tenn of the Note is to the greatest extent possible less than the maximum amount
or rate of interest allowed to be charged by law during the relevant period of time.
16. In consideration of the modification of certain provisions of the Note and Security Instrument. all
as herein provided. and the other benefits received by Borrower hereunder, Borrower hereby
RELEASES. RELINQUISHES. and forever DISCHARGES lender, as well as its predecessors.
successors. assigns. agents. officers. directors, employees and representatives, of and from any
línd all claims. demands. actions and causes of action of any and every kind of character.
whether known or unknown. present or future, which Borrower may have against Lender. and
its predecessors. successors. assigns, agents. officers, directors, employees and representatives,
arising out of or with respect to any and all transactions relating to the Note and Security
Instrument occurring prior to the date hereof, including any loss. cost or damage, of any kind or
character. arising out of or in any way connected with or in any way resulting from the acts,
actions or omissions of lender, and its predecessors. successors. assigns. agents. officers,
directors. employees. and representatives, including any breach of fiduciary duty, breach of any
duty of fair dealing. breach of confidence, breach of funding corrunitment. undue influence.
duress. economic coercion. conflict of interest, negligence. bad faith. malpractice, violations of
the Racketeer Influenced and Corrupt Organizations Act, intentional or negligent infliction of
mental distress. tortuous interference with contractual relations, tortuous interference with
corporate governance or prospective business advantage. breach of contract" deceptive trade
practices. libel, slander, conspiracy or any claim for wrongfully accelerating the Note or
wrongfully attempting to foreclose on any collateral relating to the Note. but in each case only to
the extent permitted by the applicable law, of this state.
17. As amended hereby. the provisions of the Note and Security Instrument shall continue in full
force and effect. and Borrower acknowledges and reaffinus Borrower's liability to Lender there
under. In the event of any inconsistency between this Agreement and the terms of the Note and
Security Instruments. this Agreement shall govern. 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 as 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 tenus and provisions thereof, as amended by this Agreement. Any
default by Borrower in the Security Instrument, shall allow Lender to exercise all of its remedies
set forth in said security Instrument.
18. In the event any portion of the sums intended to be secured by this Agreement cannot be
lawfully secured. payments in reduction of such sums shall be applied first to those portions not
secured.
19. Any Co-signer who signs this Agreement but has not executed the Note is co-signing this
Agreement only to mortgage, grant and convey that Co-signer's interest in the Property under
the tenus of this Agreement. Co-signer is not personally obligated to pay the sums secured by
the Security Instrument. and agrees that Lender and Borrower may agree to extend, modify,
Initials.5 M.h c::P-ß
0053964821
Loan Mod Agrmnt. A3NO, A56N
T6LI, SE3N, SESN, A36N, AL5I 0206
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091.6701
00469
forbear or make any accommodations with regard to the terms of the Note or the Security
Instrument, without Co-signer's consent.
20. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the property. Borrower shall not do, nor allow anyone else to
do, anything affecting the Property that is in violation of any Environmental Law. The
preceding two sentences shall not apply to the presence, use, or storage on the Property of small
quantities of Hazardous Substances that are generally recognized to be appropriate to nonnal
residential uses and to maintenance of the Property. Borrower shall promptly give Lender
written notice of any investigation, claim, demand, lawsuit or other action by any governmental
or regulatory agency or private party involving the Property and any Hazardous Substance of
environmental Law of which Borrower has actual knowledge. If borrower learns, or is notified
by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law. As used in this Paragraph,
"Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
asbestos or fonnaldehyde, and radioactive materials. As used in the Paragraph, "Environmental
Law" means federal laws ánd laws of the jurisdiction where the Property is located that relate to
health, safety or environmental protection.
21. Borrower hereby agrees to pay all costs and expenses incurred by Lender in connection with the
execution and administration öf this Agreement, the renewal and extension and modification of
the Note and Security fustrument, and any other documents executed in connection herewith.
Lender does not, by its execution of this Agreement, waive any rights it may have against any
person not a party hereto. This Agreement may be executed in multiple counterparts, each of
which shall constitute an original instrument, but all of which shall constitute one and the same
Agreement.
22. No Oral Agreements: THE WRITTEN LOAN AGREEMENTS REPRESENT THE FINAL
AGREEMENTS BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY
EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL
AGREEMENTS BETWEEN THE PARTIES.
Initials S tJJ .7/?b
0053964821
Loan Mod Agnnnt. A3NO, A56N
T6Ll, SE3N, SESN, A36N, AL51 0206
Page 6 of?
FH6D351
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091.6701
ACCEPTED AND AGREED TO BY THE
OWNER AND HOLDER OF SAID NOTE
FIRST OR HOME LOAN CORPORATION
00470
Bor er SHANNON BASARABA
~O-~
Borrower SHAWNA BASARABA - ,
Its:
Borrower
Borrower
State of WYOMING
County of LINCOLN
Before me, a Notary Public on this day personally appeared
SHANNON BASARABA & SHAWNA BASARABA
known to me (or ~roved)o me) on the oath of 1,nD W J\J -rD M 1= ,
through lA J LI J1 /J 1 ~ (description of identity card or other document) to be the
person whosi name is ~bscribed to the foregoing instrument and acknowledgement to me that he/she/they
executed the same for the purposes and consideration therein expressed.
ffice this ~ day of
Corporate Acknowledgement
A
Given under my hand and seal of this offi
,20_
Notary Public
(Seal)
0053964821
Loan Mod Agrrnnt. A3NO, A56N
T6LI, SE3N, SESN, A36N, AL5I 0206
Page 7 of 7
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. 0916701
r
LOt471
INTEREST -ONLY ADDENDUM
TO LOAN MODIFICATION AGREEMENT
(pROVIDING FOR ADJUSTABLE RATE)
LOAN NUMBER: 0053964821
PROPERTY ADDRESS: 221 ELKHORN DRIVE, ALPINE, Wyoming 83128
THIS ADDENDUM is made this ~ day of March 2006 . and is incorporated
into and intended to form a part of the Loan Modification Agreement dated the same date as this
Addendum executed by the undersigned and payable to First Horizon Home Loan Corporation, (the
"Lender").
THIS ADDENDUM supersedes Section 7 of the Loan Modification Agreement. None of the other
provisions of the Loan Modification Agreement are changed by this Addendum.
7. INTEREST RATE AND MONTHLY PAYMENT CHANGES
Calculation of Changes
Before, each Change Date, the Lender will calculate my new interest rate by adding
TWO AND ONE-QUARTER percentage point(s) ( 2.250) to the
Current Index. The Lender will then round the result of this addition to the nearest one-eighth
of one percentage point (0.125%). Subject to the limits stated in Paragraph 8, this rounded
amount will be my new interest rate until the next Change Date.
During the Interest~Only Period, the Lender will determine the amount of the monthly
payment that would be sufficient to repay accrued interest. This will be the amount of the
monthly payment until the earlier of the next Change Date or the end of the Interest-Only Period
unless I make a voluntary prepayment of principal during such period. If I make a partial
Prepayment, there will be no changes in the due date of my monthly payment unless the Lender
agrees in writing to those changes. However if the partial Prepayment is made during the
Interest-Only Period when my monthly payments consist only of interest, the amount of the
monthly payment will decrease for the remainder of the term when my payments consist only of
interest as well as during the time that my payments consist of principal and interest. At the end
of the Interest-Only Period and on each Change Date thereafter, the Lender will determine the
amount of the monthly payment that would be sufficient to repay in full the unpaid principal that
I am expected to owe at the end of the Interest-Only Period or Change Date, as applicable, in
equal monthly payments over the remaining term of the Note. The result of this calculation will
be the new amount of my monthly payment. After the end of the Interest-Only Period, my
payment amount will not be reduced due to voluntary prepayments.
Dated:~ð~
~"~l~~
rower SHANNON BASARABA
~~~~~
Borrower SHAWNA BASARABA
Borrower
Borrower
I/OARM Mod 0206
Page 1 of 1
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0916701
C00472
+
CORPORATE ACKNOWLEDGEMENT
State of
Idaho
)
)
)
County of
Ada
The foregoing instrument was acknowledged before me on g -' I ¿f,..... JðV Ú , by
Kim Rojahn, Assistant Vice President of First Horizon Home Loan
Corporation, a Kansas Corporation, on behalf of the Corporation.
ß.Qû-.l-lu) m. J~~~\:.i
Notary Public, State of Idaho
My Commission Expires: May 15, 2008
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