HomeMy WebLinkAbout916702
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50479
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C00473'
After Recording Return To:
FHHLC-Post Closing Mail Room
1555 W. Walnut Hill Ln #200 MC 6712
Irving, TX 75038
Loan Number: 0054489133
RECEIVED 3/16/2006 at 10:00 AM
RECEIVING # 916702
BOOK: 614 PAGE: 473
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
(Space above this Line for Recording Data)
LOAN MODIF1CA TION AGREEMENT
(Providing for Fixed Interest Rate with Balloon Provision)
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This Loan Modification Agreement (" Agreement"), made this 6 th
2006 , between
1 SHANNON BASARABA lie, SHAWNA BASARABA, Husband lie 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 909962 ,
of the Land I 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)
3t
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 5KJ.ß ~6
Loan Mod Agrmnt. C7YB. B2BC, FI'2B.
FE35,GP2B. FS3B.FSSB.0405
Page 1 of 4
FH6D50D
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0916702
COC474
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. $ 40,950.00. 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. $ 40,950.00 (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 8.000 %, from
3/14/2006 . Borrower promises to make monthly payments of principal
and interest of U.S. $ 300.48 ,beginning on the 1'1 day of MAY ,
2006 ,and continuing thereafter on the same day of each succeeding month until
principal and interest are paid in full. If on 4/01/2021 (the "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 31, MEMPHIS, TN 38101
or at such other place as Lender may require.
3. The lien and security interest secured by this Agreement is a "Renewal and Extension" effective
as of 3/06/2006 . 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
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 terms of any and all instruments described
herein.
4. 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 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 Security Instrument without further
notice or demand on Borrower.
Initials 5'c.u...~ c::::;e.ß
0054489133
Loan Mod Agnnnt. C7YB, B2BC, FT2B,
FE35, GP2B. FS3B, FSSB. 0405
Page 2 of 4
FH6D50E
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0916702
C00475
5. 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 Iilstrument; however, the
following tenns and provisions are forever canceled, null and void, as of the date specified in
paragraph No. I above:
(a) all tenns and provisions of the Note and Security 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 nite 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 as those referred to
in (a) above.
6. 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 the Borrower
and Lender will be bound by, and comply with, all of the tenns and provisions thereof, as
amended by this Agreement.
7. 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 S1,1BSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITIEN ORAL
AGREEMENTS BETWEEN THE PARTIES.
Initials :S~, CSQ.~
0054489133
Loan Mod Agrmnt. C7YB, B2BC, FT2B.
FE35, GP2B, FS3B, FSSB, 0405
Page 3 of 4
FH6D50F
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0916702
nf'\n4t"16
v II \.' I
ACCEPTED AND AGREED TO BY THE
OWNER AND HOLDER OF SAID NOTE
FIRST HORIZON HOME LOAN CORPORATION
~~
~~\.~~
Borr SHAWNA BASARABA
Its:
J4vÞ
Borrower
Borrower
State of ADA
County of LINCOLN
Before me, a Notary Public on this day personally appeared
SHANNON BASARABA & SHAWNA BASARABA
known to me (or proved to me on the oath of _l:JlDwn -Iv m~ , through
(description of identity card or other document) to be the person
whose name is subscribed 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
PUf3UC
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MiOOO.~
Corporate Acknowledgement
Before me, the undersigned authority, on .
of
foregoing instrument, and acknowledged to me that
purposes and consideration therein expressed as the act an
stated.
Given under my hand and seal of this office this
subscribed to the
executed the same for the
d of said corporation and in the capacity therein
,20_
Public
(Seal)
0054489133
Loan Mod Agrrnnt. C7YB, B2BC, F1'2B,
FE35. GP2B, FS3B. FSSB, 0405
Page 4 of 4
FH6D50G
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0916702
00477
+
CORPORATE ACKNOWLEDGEMENT
State of
Idaho
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)
)
County of
Ada
The foregoing instrument was acknowledged before me on ,g -/4-." ~ by
Kim Rojahn, Assistant Vice President of First Horizon Home Loan
Corporation, a Kansas Corporation, on behalf of the Corporation.
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Notary Public, State of Idaho
My Commission Expires: May 15, 2008
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