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Home My WebLink About927349 00021.2 After Recording Return To: FHHLC-Post Closing Mail Room 1555 W. Walnut Hill Ln #200 MC 6712 Irving, TX 75038 Loan Number: 0055269658 RECEIVED 3/5/2007 at 3:28 PM RECEIVING # 927349 BOOK: 650 PAGE: 212 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (Space above this Line for Recording Data) LOAN MODIFICATION AGREEMENT (Providing for Fixed Interest Rate with Balloon Provision) This Loan Modification Agreement ("Agreement"), made this 23rd 2007 , between JOSH DAIGLE, An Unmarried Man" day of FEBRUARY 'l \V ("Borrower") and FIRST HORIZON HOME LOAN CORPORATION ("Lender"), amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed ("The Security Instrument"), dated 9/06/2005 and recorded in 911862 BOOK: 597 PAGE: 771 of the Land~ Official Records of Lincoln County, and (2) the Note bearing the same date as, and secu ed by, the Security Instrument, which covers the real and personal property described in the Security Instrument d defined therein as the "Property", located at 339 SNAKE RIVER DRIVE, ALPINE, Wyoming 83128 (Property Address) The real property described being set forth as follows: LOT 39 OF RIVER VIEW MEADOWS ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING AS DESCRIBED OF THE OFFICIAL PLAT THEREOF. ,..-- Initials 0 ( U LoaD Mod Agrmnt. C7YB, B2BC, Fr2B, FE35, FS3B, FSSB 0306 Page 1 of 4 FH6D50D 09Z?348 000213 In consideration of the mutual prolIÚses and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note and Security Instrument): 1. As of 2/23/2007 , the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $ 27,000.00. Borrower hereby renews and extends such indebtedness and prolIÚses to pay jointly and severally to the order of the Lender the sum of U.S. $ 27,000.00 (the "Principal Balance"), consisting of the amount(s) loaned to Borrower by Lender and any interest capitalized to date. 2. Borrower prolIÚses 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 . 750 %, from 2/28/2007 . Borrower promises to make monthly payments of principal and interest of U.S. $ 212.41, beginning on the first day of APRIL 2007 , and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on 3/01/2022 (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 2/23/2007 . 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 lilIÚtation which IIÚght 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 \J. D- 0055269658 Loan Mod Agrmnt. C7YB, B2BC, Ff2B, FE35. FS3B, FSSB 0306 Page 2 of 4 FH6D50E O~27349 00021./~ 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 Instrument; however, the following tenns and provisions are forever canceled, null and void, as of the date specified in paragraph No.1 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 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 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 SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Initials -:T.7~· ~ 0055269658 Loan Mod Agrrnnt. C7YB, B2BC, Fr2B, FE35, FS3B, FSSB 0306 Page 3 of 4 FH6D50F 0927349 000215 ./ ACCEPTED AND AGREED TO BY THE OWNER AND HOLDER OF SAID NOTE FIRST HORIZON HO LOAN CORPORATION --------- ..",/ Borrower Borrower Its: Borrower State of WYOMING County of LINCOLN- 1À-fð~ Before me, a Notary Public on this day personally appeared JOSH DAIGLE known to me (or proved to me on the oath of (/tJ..'5j, 7ki-<l'... , through lo)JL,¡t /Ó5f/.58- tf?.'7 (description 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. Given under my hand and seal of this office this cAr., day of ? ~(,;v7, ' 20QL f4,~ Notary ~liC ( PENNY DYKES - NOTARY PUBLIC CO.F 1&\ STATE OF ~ WYOMING MY COMMISSIoN EXPIRES 7/5/2010 -- Corporate Acknowledgement State of County of Before me, the undersigned authority, on this day appeared of FIRST HORIZON HOME LOAN CORPORATION foregoing instrument, and acknowledged to e that purposes and consideration therein expresse as the stated. (Seal) subscribed to the executed the same for the t and deed of said corporation and in the capacity therein Given under my hand and seal of this offi day of ,20_ Notary Public 0055269658 Loan Mod Agrmnt. C7YB, B2BC, Ff2B, FE35, FS3B, FSSB 0306 Page 4 of 4 FH6D50G 0927349 + 000216 CORPORATE ACKNOWLEDGEMENT State of Idaho ) ) ) County of Ada The foregoing instrument was acknowledged before me on ,3..J-.-~ 7 ,by Kim Rojahn, Vice President of First Horizon Home Loan Corporation, a Kansas Corporation, on behalf of the Corporation. ,',.........., ..,.., ~LLE A.lO"',#. ~,d,.'¡¡I ..." 'A '.. ~ <:" ,. ......... <or.L>.... ~~... .. or. -.. f ,- ~OT-i.tr·\~ \ (Seal) : -.- I : \ ...\ ÞlIBL'C. I J -.. ...·1 .. _ ~ -.. '.:, .. ... 0 ~ '.. .,}t, ........ ~ ~, """,f OF It> ~""" '.........,., Ø~fI~ Notary Public, State of :Idaho My Commission Expires: March 27, 2012