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HomeMy WebLinkAbout917669 I·.,.~, ':~"'. ":;..,p:....~~:...:' I, ·'.I'·~¡:r...;oæ:L");:~.:¡.:.~·~~,;g-~V~?-.:Ii:7£i~~.£;::o;;::·.:.(~:;m¡-.z~i';:'::': ··i·: ;'~;. -,·.·.';'.~.·.~.~;.:.: ~I~'Z....:.:·,' '"' . ,,",. ":''I)J~:'!'Ifi&~~;''iJ!i.'3>h'''X'.:ir.',<~''~!'~'';:;' \~ , '71 ,A) I U Pleæ;eReturn To: GMAC Mortgage Corporation Construction Lending Di vision 4 Walnut Grove Drive Horsham, P A 19044 RECEIVED 4/21/2006 at 11 :14 AM RECEIVING # 917669 BOOK: 617 PAGE: 519 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (Space Above this Line for Recording Data) LOAN MODIFICATION AGREEMENT (To Extend the Time for the Completion of Construction) .¡;..', ,;-,,,,,'';';¡L\íi~~ i~~.:··:,,;\''::, :;:",;,".'¡" !~.~ .j,..;.'...."'!...:.¡:.;.;: . COC5J9 .;'~ This Loan Modification Agreement is made effective as, of March 29, 2006 by the undersigned OTTO W. NULLE and JACQUELINE NULLE ("Borrower"), in regard to that certain Mortgage Deed, Deed of Trust or Security Instrument (hereinafter "Security Instrument") made by the Borrower in favor of GMAC Mortgage Corporation, 100 Witmer Road, P.O. Box 963, Horsham, PA 19044-0963 and assigned to GMAC BANK ("Lender"), which is dated October 18,2005 and which secures the debt of the Borrower, as set forth in a Fixed Rate Promissory Note of even date therewith (hereinafter "Note") in the original principal amount of $ 237,600.00 against the property of the Borrower located at 300 Mahogany Way, Thayne, Wyoming 83127 as more fully described in said Security Instrument, and which Security Instrument is recorded at Lincoln Countv Clerk, Kemmerer (County JUld State, or ourer JunsdìctlOn) Wyoming WHEREAS, the Borrower wishes to extend the time for the Borrower to complete the construction of the buildings or improvements that is set forth in the loan documents, including particularly the Construction Rider To Promissory Note and Security Instrument, that was originally executed by the Borrower and attached as a Rider to the Note, and that was recorded with such Security Instrument (both copies of which are hereinafter referred to as "Construction Rider" and the Construction Loan Agreement; and Book or Liber 601 PR , at Page(s) 7~l of the Records of (Name of Records) WHEREAS, the Borrower wishes to extend the period for construction without the establishment of a Delayed Construction Holdback Account at this time, but prefers instead to modify the executed and recorded documents to exend the Construction Completion Date, without limiting or altering the right of the Lender to establish the Delayed Construction Holdback Account at a future time, if the Lender shall deem it necessary; NOW THEREFORE, in consideration of One ($1.00) Dollar and other valuable consideration .and of the terms hereof, the parties hereto do hereby modify and amend the aforesaid Construction Rider only as follows: LOAN MODIFICATION AGREEMENT To Extend Construction Period - Single Family WYOMING 588078105 - 2CjaPB .. ..; .,..... 'J' '.: f:····ci....itZ\na&1..!.:·..(·¡·i'"-:~~··":~~L:,~".!'""MI¡J~..U:,·,~...:·.J".-1.-';'~ ::..:p.-·,·.t.'.:;.:'''~',''''''-}'::'.'i>~L;:..;.' . ...... .*__'_..1;.;.=-';1;............,.,.,. ;··.;':·..H!lU"~_.!-!o ,!k""~:~,"'·;f ~>·,I.'-'·I·'·:.:.·. '. ~'.' ..',~,Ió·¡· ''-~'~'':. . . ~'.'."'.'...' ,... - . ~ ..... ..-.... r (ì I"' ~ r.\ "0 '.. \.... t. V.... 0917669 1. The tenns of the loan documents, Construction Loan Agreement and said Construction Rider are hereby altered and amended to change the date described as the "Construction Completion Date" from March 29, 2006 (wherever it appears therein) to May 29, 2006. 2. In accordance with the tenns of paragraph 3 of the Construction Rider, as amended hereby, the Borrower shall continue to make monthly payments of interest only, at the interest rate required under the tenns of the Note, in an amount based upon the outstanding principal balance all as therein provided until June 1, 2006. On July 1,2006, the Borrower shall commence the payment of principal and interest, in the amount of $1,590.05. 3. Nothing contained herein shall limit or amend any of the the rights of the Lender in any way, including without limitation, the right to establish a Delayed Construction Holdback Account at a future time, if the Lender shall deem it necessary. 4. Except as modified hereby, the aforesaid Note, Security Instrument, Construction Loan Agreement, Loan Documents and Construction Rider remain unchanged and in full force and effect, and the modifications and amendments made herein shall not serve to extend or alter the final maturity date described therein. BY SIGNING BELOW, I accept and agree to the promises, agreements, tenns ~nd covenants contained in this Loan Modification Agreement. Witnesses: (Seal) OTTO W. NULLE SI'\\'H?~ t^ \Ze.VV\IJV\.eJ3orrower (I w,-\ --:} CÀJ0O) ~ t\.. j ~. (Seal) JACQUÊLINE NULLE -Borrow~ (Seal) -Borrower (Seal) -Borrower (Space Below This Line For Acknowledgement) STA TE OF '/,'¡'YOMING,::ri)f+F!o County ss: e:(flIottL' The foregoing instrument was acknowledged before me this / !)-A- þlU (.. d1JtJ', date by OTTO W. NULLE and IJA~ULLE , I Notary Public LOAN MODIFICATION AGREE WYOMING ction Period - Single Family 588078105 - ZCjaPB ;:~¡~~!m;~m~1i¡¡j: ¡.. ffl';;fl';"'~'í';"'~ """~,,,rl' "·"'·' .;.:!:~:::~!:t::;:;!~ ·:···'·..'C"r.t:.""r.·,.";I";'..·,·,·..· ,.·'..''1!'...r..-..'-J·,··p,T,','''·.·_,·_-.·O:-···.·,·.-· "'_...-, ".' .", ",,"1:-.'.,"',;- ,·._.:1;1:0.;.;0;1;...·....." ··"'J\,,"~_;;;,o·""''''>''"'·'':'1f''·\'''~,.·.t~',·~..',', '''.',.;'. '..", ", ~'. \..,.;.... .,~..,......,~.....·.:.i, "J t. :: ",," ,., .,. .:.:r...~":..;·I·...·.· O. () ('\.' 5 r) 1 1,.> vt' ~ 0917669 1. The tenns of the loan documents, Construction Loan Agreement and said Construction Rider are hereby altered and amended to change the date described as the "Construction Completion Date" from March 29, 2006 (wherever it appears therein) to May 29, 2006. 2. In accordance with the tenns of paragraph 3 of the Construction Rider, as amended hereby, the Borrower shall continue to make monthly payments of interest only, at the interest rate required under the tenns of the Note, in an amount based upon the outstanding principal balance all as therein provided until June 1, 2006. On July 1, 2006, the Borrower shall commence the payment of principal and interest, in the amount of $1,590.05. 3. Nothing contained herein shall limit or amend any of the the rights of the Lender in any way, including without limitation, the right to establish a Delayed Construction Holdback Account at a future time, if the Lender shall deem it necessary. 4. Except as modified hereby, the aforesaid Note, Security Instrument, Construction Loan Agreement, Loan Documents and Construction Rider remain unchanged and in full force and effect, and the modifications and amendments made herein shall not serve to extend or alter the final maturity date described therein. BY SIGNING BELOW, I accept and agree to the promises, agreements, tenns and covenants contained in this Loan Modification Agreement. Witnesses: o~Zdd OTTO W. NULLE (Seal) -Borrower JACQUELINE NULLE (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Space Below This Line For Acknowledgement) STATE OF WYOMING, Lr~ County ss: The foregoing instrument was acknowledged before me this OTTO W. NULLE date ~IL tLJ.-I·~~ by My Commission Expires: éo:rct?æ lQ, ~ 588078105 - ZCjaPB _~·~·'>ß_'-'-\'·'-""'~'~~"~''''''''I,¢_r.~.~_ !b 1I"!::'·;'OoS~W'''''_''~~'..·'L·:'.,·..~.~l'IeOĊ“øo-~U:·::.:'.~-..-,.·;-·;:'~"';"':Y-,,""'''''''r.o-' ;''CO:l.Ilf¡.1.4'' f''',. '''''' ,,-;, '~'~"" ··...·:·'·~~"'~""'Ir.~·_'\._~..,t.;..~_.:;¡.,·. ....>..,;:......,,~.Jsril'<!.......,.~¡~:".,-, "".""'-""'~-:-.~f'I'.~.',¡p,¡....'... 0917669 (". (\ r 5 .'1 2 " . IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. WITNESSES ~4.~ j h..uh~ ~ame: '(.}- .£2~A4.~t-~ ~~I Name:. ~ STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On the 4th day of April and for said State, personally appeared GMAC BANK SEAL) ) ) ss. Horsham , 200~, before me, the undersigned, a Notary Public in ERNEST R. RILEY personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individUal, or the person upon behalf of which the individual acted, executed the instrument. WITNESS my hand and offiCial seal (This area for Official Notarial Seal) IDJ~~J~~fllif~{=\~1 NO~,t\ h '\ . "J~ ~xPires: COMMONWEALTH OF P;:::NN5YLVANIA NOTARIAL SEAL JOANN T, VOLZ, Notary Public Horsham Twp., Montgomery County M Commission Expires September 9, 2007 (SEAL) ;:':::~:;?~~t~;:i!; ~, t!:;:8~~:!::~' ~;ì¡jJ:¡;~i~;~~:{;~;::i, [t:~ ~~-*I~~1t ~.::~~~~