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000668
WHEN RECORDED RETURN TO:
Old Republic Title
Alto: Post Closing-Recording
32() Springs ide Dr.
Suite '320
Akron, OH 44333
e6tod.~q~~
PREPARED BY:
MOSS CODILIS, L.L.P.
Two Greenwood Plaza
6560 Greenwood Plaza Boulevard, Suite 100
Englewood, CO 80111
Preparer: Corey Robertus
RECEIVED 5/3/2006 at 2:08 PM
RECEIVING # 918028
BOOK: 618 PAGE: 668
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
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Loan No. 0075361998
SPACE ABOVE THIS LINE FOR RECORDER'S USE
LOAN MODIFICATION AGREEMENT
This Loan Modification Agreement ("Agreement") is effective made this 29th day of March,
2006, ("Effective Date") between Duane Stanley LeFevre Jr. and Carrie Draney LeFevre,
(hereinafter, "the Borrower"), and Washington Mutual Bank, the current loan subservicer for the Note
holder and mortgagee, ("Subservicer"). Together, the Borrower and the Subservicer are referred to
herein as "the Parties".
RECITALS
The Parties enter into this Agreement with reference to the following stipulated facts:
A. On January 8, 2004, Borrower purchased, re-financed or otherwise obtained an
interest in a certain real property in Lincoln County, Wyoming. In connection with the
acquisition of the real property the Borrower delivered a certain promissory note dated January
8, 2004, in the original principal amount of $94,500.00 ("Note").
B. The Note was and is secured by a deed of trust, mortgage, applicable riders,
addenda or other security instrument ("Security Instrument"), dated January 8, 2004, and
recorded January 14,2004, in Book 546PR, Page 1'35 in the official records of Lincoln County
as a lien against the real property described in the Security Instrument, and located at 1768
Grover Narrows Road, Grover, Wyoming 83122 (the "Subject Property"), and is more
particularly described as:
SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF.
TAX ID #: 12-3318-30-4-00-368.00
C. Borrower is the current owner of record of the Subject Property. No other
persons or business entities have ownership, management or control of the Subject Property.
Borrower has not assigned, transferred, mortgaged or hypothecated the Subject Property, or any
fee estate therein, nor the rents, income and profits of the Subject Property as may be described
in the Security Instrument, except as set forth in these recitals.
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, 0918028
COtS69
D. Borrower 11cknowledges iliat Subserv1cer IS 11uthorized 10 enter :intoíhis
Agreement on behalf of 1he Note holder 1Uld mortgagee.
:E. BaITowerhas Tequested that the Subservicer madify 1he íerms af íb.e Nate lIIld
Security Instrument. The Subservicer l1as .agreed 10. do. so. pursuant 10. 1he 1erms .and !:Dnditions
stated :in 1his Agreement.
AGREEMENT
NOW, THEREFORE, In cansider.atian af the TT111tn H 1 :promises .and .agreements exchanged,
1he P.arties hereto. .agree.as fallaws:
1. Incorpor.ation of Recitals. The Recitals me 1Ul :integral :part of 1his Agreement .and .are
incorpar.ated by reference herein.
2. TInpaid Yrincip.al Balance. The :Parties .agree iliat .as Df April 1, 2006, 1he 1ll1:paid
principal balance of 1he NDte 1Uld the Security lnstrument is $92,193.42 (the ~'Unpaid Principal
:Dalmce").
3. C.apitalization. The Borrower .acknawledges 1hat interest on 1he Unpaid :Principal
Balmce l1as .accrued but has nat been :paid md Subservicer has :inclnTed, :paid ·ar atherwise
.adv1Ulced mes, .Ínsur1Ulce :premiums .and ather expenses necessary to. :protect or enfarce 1he
:interest of 1he Nate balder ar mortgagee .and that such accrued .and 1ll1paid :interest, costs.and .
expenses:in the 1aial .amD1ll1t of $2,490.14 (the ~'Capita1ized Ama1ll1t") has been .added to. íb.e
indebtedness under the 1erms Df the Nate .and Security lnstrument, .as Df April 1 , 2006.
4. Modified .Principal Balance. When payments Tesume on May 1,2006, 1he new balance
due on 1he 10m will be $94,683.56 ("MDdified J>rincip.al Balance"), which consists af
$92,193A1 plus $2,490.14.
3. Reamortization. The Modified :PIincip.âI Balance will be reaIIlOrtized ova 334 months.
6. :F.ayment JUld Interest Adjustments. lnterest will be clu1:rged on 1he Madified :Principal
Balance 11t 1he :interest r.ate Df 6.400% per cent per .annum nom April ~ 2006 until February
1,2034. The fallDwing terms.and provisions of1he original Nate.and Security lnstrument.are
farever canceled, null.and vaid,.as of 1he 11.ate of this .agreement:
11. .all1erms 1Uld provisions Df 1he Note .and Security lnstrument (if .any) :providing
for or rd !\1ÏnE to 1Uly change or .adjustment in the T.ate of interest:pay.able under the note; .and
b. .all terms .and provisions of .any .adjustable T.ate rider or Dther :instrument or
document iliat is .af:fiXed1D or WhDlly or :partially incorpor.ated .into., or is .a:p.art of, 1he Note Dr
Security Instrument .and iliat !:ontains.any such íerm.s or provision.as 1hase referred 10. :in (.a)
.above.
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Ú91.8028
COC670
7. Maturity Date. If on February 1, 2034, ("Maturity Date"), Borrower still owes any
amounts under the Note, Security Instrument or this Agreement, the Borrower shall pay these
amounts in full on the Maturity Date.
8. Payments; Delivery of Payments. The Borrower promises to pay the Modified
Principal Balance, plus interest, to the order of Washington Mutual. Borrower(s) shall make the
Monthly Payments described herein to Washington Mutual at 19850 Plummer Avenue, Mail
Stop N070206, Chatsworth, CA 91311, Attention: Default Alternatives or at such other place
that Washington Mutual may designate.
9. Acceleration Upon Unauthorized Transfer. The acceleration tenns under the
Note and Security Instrument are incorporated herein by reference.
10. Effect of this Agreement. Except to the extent that they are modified by this
Agreement, the Borrower(s) hereby reaffinn all of the covenants, agreements and requirements
of the Note and Security Instrument, including without limitation, the Borrower's covenants and
agreements to make all payments of taxes, insurance premiums, assessments, escrow items,
impounds, and all other payments that the Borrower is obliged to make under the Security
Instrument. Borrower(s) further agree to be bound by the tenns and provisions of the Note and
Security Instrument, as modified hereby.
11. No Release. Nothing in this Agreement shall be understood or construed to be a
satisfaction or release in whole or in part of the Note and/or Security Instrument. Except as .
expressly provided in this Agreement, all of the tenns, covenants agreements and the Note and
Security Instrument will remain unchanged and the Parties will be bound by, and comply with,
all of the tenns and provisions of the instruments, as amended by this Agreement.
12. Warranties. Borrower does hereby state and warrant that the above described Note is
valid and enforceable in all respects and is not 'subject to any claims, defenses or right of offset
or credit except as herein specifically provided. Borrower does further hereby extend all liens
and security interests on all of the Subject Property and any other rights and interests which now
or hereafter secure said Note until said Note as mòdified hereby has been fully paid, and agree
that this modification and extension will in no maI1Í1er impair the Note or any of the liens and
security interests securing the same and that all of the liens, equities, rights, remedies and
security interests securing said Note shall remain in full force and effect and shall not in any
manner be waived. Borrower further agrees that all of the tenns, covenants, warranties and
provisions contained in the original Note and Security Instrument are now and shall be and
remain in full force and effect as therein written, except as otherwise expressly provided herein,
until the Note is paid in full and all other obligations under the Security Instrument are fulfilled.
13. Further Assurances. Borrower does further state and warrant that all of the recitals,
statements and agreements contained herein are true and correct and that Borrower is the sole
owner of the fee simple title to all of the Subject Property securing the Note.
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0918028
COC671
14. Acknowledgment by Borrower. As part of the consideration for this Agreement,
Borrower agrees to release and waive all claims Borrower might assert against Subservicer and
or beneficiary, and arising :trom any act or omission to act on the part of Subservicer's or
beneficiary's agents, officers, directors, attorneys, employees and any predecessor-in-interest to
the Note and Security Instrument, and which Borrower contends caused Borrower damage or
injury, or which Borrower contends renders the Note or the Security Instrument void, voidable,
or unenforceable. This release extends to any claims arising :trom any judicial foreclosure
proceedings or power of sale proceedings if any, conducted prior to the date of this Agreement.
Borrowers have and claim no defenses, cou11tercIaims or rights of offset of any kind against
Lender or against collection of the Loan.
15. Bankruptcy Considerations. Notwithstanding anything to the contrary contained in
this Agreement, the Parties hereto acknowledge the effect of a discharge in bankruptcy that may
have been granted to the Borrower prior to the execution hereof and that the Note holder may
not pursue the Borrower for personal liability. However, the Parties acknowledge that the
mortgageelbeneficiary retains certain rights, including but not limited to the right to foreclose its
lien against the Subject Property under appropriate circumstances. The Parties agree that
additional consideration for this Agreement is the Subservicer's forbearance from presently
exercising the rights and remedies of the Note holder and mortgagee under the Security
instrument. Nothing herein shall be construed to be an attempt to collect against the Borrower
personally or an attempt to revive personal liability, if the Borrower has obtained a discharge of
that liability from a United States Bankruptcy Court.
[signature pages follow]
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0918028
COC672
BORROWER(S):
f
Date: L - & - n(o
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('ahhLè, ~F.Þ«
Carrie Draney LeF vre
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Witness Si[nature
I!gß G-c-C!A
Print Name
;5, CDo ,vál!-
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Print Name
STATE OF
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)ss:
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COUNTY OF
. On ~ G, d ð¿J 6. before me, the undersigned, a Notary Public in and for said
State, personally appeared Duane Stanley LeFevre Jr. and Carrie Dranev LeFevre. [ ] personally known
to me - OR - [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the
person(s), or the entity upon behalfofwl.1ich the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~~~
Signatur ofNota¡y
My commission expires:
/tI- / ?- t1T
.tAr~~~~~~I'
~ JANEVE SWENS~"N,~ - NOTARY PUBLIC <!
~ COUNTY OF~' STATE OF
~ LINCOLN ~~. WYOMING
:~}]Y ç9r~"i.f.~12!'·EXPIRE." 0", ,,:J
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. :091..8028-
SUBSERVICER:
Aryj}
COC6t"/3
Date:
211 oft
BY:
Washington Mutual Bank, the current loan subservicer for t
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OF: Washington Mutual Bank, in its authorized
capacity.
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Print Name
STATE OF California
COUNTY OF Los Ange\es
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)ss:
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on. y-, D L bef~'me, the undersigned, a Notary Public in and for said
State, personall appeared VV1 ff1. () F3 'B-~E:Z-
[ ] personally known to me - 0 - [ ] proved to me on the basis of satisfactory evidence to be the
person(s1 whose name(~ is/ar&-subscribed to the within instrument and acknowledged to me that
he/shettltey executed the same in hislherfttretr authorized capacity(ies}, and that by his/her1t1ië'ir
signature(af on the instrument the person(~ or the entity upon behalf of which the person(~ acted,
executed the instrument.
CLARE ANNE GADD
COMM. #1591Q53 z
o Notary Public· California ~
Los Angeles County ~
My Comm. Expires Jun. 24, 2009
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Q91.8028
00674
Exhibit "A"
That part of the NEIASE1,4 of Section 30, T33N R1l8W of the 6th P.M., Lincoln County,
Wyoming being part of that tract of record in the Office of the Clerk of Lincoln County in Book
160PR on page 290 described as follows:
BEGINNING at the southwest corner of said NE~SE1,4; thence S 89°55.4' E, 263.68 feet,
along the south line of said NE1,4SEJA, to a point;
thence N 00 °21.1' W, 413.00 feet, parallel with the west line of said NE 1,4 SE ~, to a point;
thence N 89°55,4' W, 263.68 feet, parallel with said south line, to a point on the west line of
said NE JA SE lA ;
thence S 00°21.1' E, 413.00 feet, along said west line, to the CORNER OF BEGINNING.
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