HomeMy WebLinkAbout917465
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After Recording Return To:
FHHLC-Post Closing Mail Room
1555 W. Walnut Hill Ln #200 MC 6712
Irving, TX 75038
Loan Number: 0054514278
RECEIVED 4/13/2006 at 10:19 AM
RECEIVING # 917465
BOOK: 616 PAGE: 838
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
(Space Above this Line for Recording Data)
LOAN MODIFICATION AGREEMENT
(Providing for Fixed Interest Rate)
This Loan Modification Agreement (" Agreement"), made this 4th
2006, between
CALEB K PUTT & LINDSAY R PUTT, Husband & Wife
day of APRIL
("Borrower") and
FIRST HORIZON HOME LOAN CORPORATION ("Lender"),
amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed ("The Security Instrument"), dated
7/18/2005 and recorded in 910218
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
238 YELLOWSTONE DRIVE, THAYNE, Wyoming 83127
(Property Address)
the real property described being set forth as follows:
LOT 27 OF BRIDGER VIEW RANCHES AS PLATTED AND RECORDED IN THE OFFICIAL
RECORDS OF LINCOLN COUNTY, WYOMING.
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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 4/04/2006 , the amount payable under the Note and the Security
Instrument (the "Unpaid Principal Balance") is U.S. $ 179,284.00. 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. $ 179,284.00 (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 . 375 %, from
4/13/2006 Borrower promises to make monthly payments of principal
and interest of U.S. $ 1,118.50, beginning on the first day of JUNE ,2006 ,
and continuing thereafter on the same day of each succeeding month until principal and interest
are paid in full. If on 5/01/2036 (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 809, 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 4/04/2006 . 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 pennitted by this Security Instrument without further
notice or demand on Borrower.
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
. Î ,.
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00545~
Loan Mod Agrmnt. 0306
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091.7465
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payments that Borrower is obligated to make under the Security Instrument; however, the
following terms and provisions are forever canceled, null and void, as of the date specified in
paragraph No.1 above:
(a) all terms 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 terms 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 terms 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 Borrower and
Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended
by this Agreement.
7. No Oral Agreements: THE WRITIEN 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 UNWRITIEN ORAL
AGREEMENTS BETWEEN THE PARTIES.
Initials
Loan Mod Agmmt. 0306
Page 3 of 4
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/" LINDS R T'
Borrower
By:
Borrower
Borrower
State of WYOMING
County of LINCOLN
On ~ 4. ~ Oùv before me, ~\ob Ii. 3D" AV\ AJ 47,..-. personally appeared
CALEB K PUTT
LINDSAY R PUTT
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
hislherltheir authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
(Seal)
DEBBIE JOMANNSeN . No;,,;:¡y puBl.IC
COUNTYCF STATE OF
LINCOLN VtYOMtNG
MY CQMMISION EXPIRES AVG. 3. 2'YJ8
Corporate Acknowledgement
State of WYOMING
County of LINCOLN
Given under my hand and seal of t .
day of
,20_
(Seal)
Notary Public
005451.4278
Loan Mod Agrmnt. 0306
Page 4 of 4
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CORPORATE ACKNOWLEDGEMENT
State of
Idaho
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)
)
County of
Ada
The foregoing instrument was acknowledged before me on 4 -II... ê)'f1JLt ' by
Dawn McNair, 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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