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Home My WebLink About919073 sq l 3 OJ 5060.9 a? C00380 After Recording Return To: FHHLC-Post Closing Mail Room 1555 W. Walnut Hill Ln #200 MC 6712 Irving, TX 75038 Loan Number: 0054491816 RECEIVED 6/6/2006 at 9:19 AM. RECEIVING # 919073 BOOK: 622 PAGE: 380 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 18th day of MAY 2006, between JOHN M. DEMELLO & BRENDA M DEMELLO, Husband & Wife ("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 910291 , of the Land / 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 91 EVERGREEN DRIVE, THAYNE, Wyoming 83127 (Property Address) the real property described being set forth as follows: LOT 57 OF AMENDED PLAT OF STAR VALLEY RANCH PLAT 1, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE PLAT NO. 427346 OF LINCOLN COUNTY OFFICIAL RECO~DS. Initial~ Loan Mod Agrmnt. 0306 Page 1 of 4 FH6D22N ~~ili;!m~~m~¡¡j~ !ill3ill0 .. ,·;,.:,:,n-:.~;';·Ct:~;:.:j7i.:<':'¡;.:J:L'::I7..~":~"''-':':~~:I..::':~-1..;;; ~""'::.J"~ -" ·_C:o __, ·;·'·.7.:."·.-.·.,.···. '."'''''~>'',:",, n:~-.:_:,-" ,;, ,;' .!I '11 91).1""')·".i t¡.. 11 ..:v¡ -4'f,. ~_1'¡ Ù COO~)81 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 5/18/2006 , the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $ 320,400.00. 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. $ 320,400.00 (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 7 . 125 %, from 5/26/2006 Borrower promises to make monthly payments of principal and interest of U.S. $ 2,158.60, beginning on the first day of JULY ,2006 , and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on . 6/01/2036 (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 5/18/2006 . 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 v¡ùid 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 arlY 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. 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 Initials (\,{tý) ^ - 00544~ Loan Mod Agnnnt. 0306 Page 2 of 4 FH6D220 ,;,',7/"1;1;;;.;.;1;,-':0"'-';;:"""_;'_'"> '_·-"·~~"":'T.'·" , . ,í)O-)¡ GO'-~<j "-) ..:~i ."..:;1 r'i'f1"'82' ~.¡ ~I ~ \ ~ t) ," 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 WRIITEN 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 UNWRIITEN ORAL AGREEMENTS BETWEEN THE PARTIES. Initi,¡,9rü l~ 005449 816 I Loan Mod Agnnnt. 0306 Page 3 of 4 FH6D22P il]lm~~iflf¡ ~ ¡1;!¡¡m~;~¡~~¡~ ~-~~ì~ (VDdi Ot'\....j" Þ·.7..V...JJO 1$ ..j COO~~)83 10 ""'/11 Borrower BRENDA M DEMELLO ;.e..&o Borrower Borrower State of WYOMING County of LI~OLN ~ II :2?:>- 00 I'JL~ On JOHN M. DEMELLO BRENDA M DEMELLO ßrrndc,,- Dû~l!o before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A TANNER NOTARY PUBLIC COUNTY OF ~ STATE OF LINCOLN ~ WYOMING MY COMMISSION EXPIRES NOV 7. 2009 ~ WITNESS my hand and offic' (Seal) Notary Public n'1[~0!JGJ1YL~ Corporate Acknowledgement State of County of Before me, the undersigned ~thority, on 1Ís day personally appeared a '. ,of ;~~T H IZON HOME LOAN CORPORATION , (personally known to me or proved to me on the basis of'sfactory evidence) subscribed to the foregoing instrument, and acknowledged to me that he/she executed the e ~t:turposes and consideration therein expressed as the act and deed of said corporation and in the CYClty therein \ed, Given under my hand and seal of this o&ce this day of , 20 (Seal) Notary Public Loan Mod Agnnnt. 0306 Page 4 of 4 0054491816 FH6D22Q ··,·,·.·.',·.~¡~I'¡:,~n-.:"~;:::::...'~:.<:,·_;<·,-,· ',..,..!..,...;.....,.. "·'c:.:'·:',';-"".,."'" ... ~..- "~)"¡¡ 9t'~':)·".t ;.~.....,~ '<. " 'Ii ~."rj t\ 3'..._ ...... ' ,~ r· ) \-'t 0884 NOTARY ACKNOWLEDGEMENT STATE OF tAJ\.D.h\ \ (\9 ) COUNTY OF Tp1-D\l ) .y\,\ This instrument was acknowledged before me on this dJ day of ~a:oLP by: John M. Demello. Notary Public: DO\/1(\iK.ÜD (j p.Dfl My Commission Expires: \ 0 III) I () 0\ I I DONNA DEAPEN NOTARY PUBLIC COUNTY OF e· STATE OF LINCOLN WYOMING MY COMMISSIO~ EXPIRES OCT. 10. 2009 ~¡~1¡~m~miiii¡if;:~~ :~f;¡~~f;~f.~;¡~n _ .-.,' ....~.·,L......",; ','.'.'.',,,"i'-'--"..."L" .._",..,. .'c·,-"'-....-<..~· -............,....,.,. ,;"",...."·,·-'·!,N....','"',...","'".,-,,,...:¿.-,,; . . . G{'~'" , ,i ,,-~ '~~ ~JI 'U i J¡ ~,_. Ii ...11 ..... '4...... + CORPORATE ACKNOWLEDGEMENT State of Idaho ) ) ) County of Ada The foregoing instrument was acknowledged before me on t3r- dip" ;;;oðlP , by Kim Rojahn, Assistant Vice President of First Horizon Home Loan Corporation, a Kansas Corporation, on behalfofthe Corporation. "~,tn. ......." ,,"'\\~LLE AI "" ...,' ... G........ 0 -^ '.... · _\0.... .. .. VLI ~ I ~. ... ... 'rr. ~ : I ~Or-1.t .~~ :: r ,~: : I -.- i : \ ~ \ PUBLIC l Cleal) ~;..>. .. .... -.,.. . ~ ~, »$ ........ ~O "," ""'"'' OF I D" ","'''''' ,,'.,........', if}j¡jØ/~ Notary Public, State of Idaho My Commission Expires: March 27, 2012 '·<--~-'-!·'·_~·:L'·..- , .,....",.. r'Jn.c5' \....', Ü~jU