The URL can be used to link to this page

Home My WebLink About929357 \..V v -r. &?"- .J UU0003 After Recording Return To: FHHLC-Post Closing Mail Room 1555 W. Walnut Hill Ln #200 MC 6712 Irving, TX 75038 Loan Number: 0058057456 RECEIVED 5/15/2007 at 10:32 AM RECEIVING # 929357 BOOK: 658 PAGE: 3 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 day of MAY 2007 , between MARTIN P KAY & HELEN J KAY, Husband & Wife -I (¡ i . ("Borrower") and FIRST HORIZON HOME LOAN CORPORATION ("Lender"), amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed ("The Security Instrument"), dated 7/14/2006 and recorded in RECEIVING # 920598 BK 627 PG 599 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 125 ROAN WAY, ETNA, Wyoming 83118 (Property Address) the real property described being set forth as follows: LOT 114 OF NORDIC RANCHES DIVISION NO.8, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED IN THE OFFICE OF THE COUNTY CLERK AS PLAT NO. 3l2-A. 36192620020300 I<- Page 1 of 4 FH6D22N û829351:(J 000004 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 5/04/2007 , the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $ 332,500.00. 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. $ 332,500.00 (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 5/14/2007 Borrower promises to make monthly payments of principal and interest of U.S. $ 2,074.37, beginning on the first day of JULY ,2007 , and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on 6/01/2037 (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 PC 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 5/04/2007 . 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 shaU 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 sec1,lrity 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 fuU 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 aU 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 fuU of aU sums secured by this Security Instrument. If Lender exercises this option, Lender shaU give Borrower notice of acceleration. The notice shaU 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 . aU payments of taxes, insurance premiums, assessments, escrow items. impounds, and aU other Initial 111· ~ A .1 . 005~~ Loan Mod Agnnnt. 0107 Page 2 of4 FH6D220 O~2935~;) 000005 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 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 --1!.~ 00580574~6 / VI Loan Mod Agrmnt. 0107 Page 3 of 4 FH6D22P ,r~·r ")I 't1l...., r~ .......} {¡':)~~ú~,¡ 000006 REED TO BY THE SAID NOTE OAN CORPORATION Its: Borrower Borrower State of WYOMING County of "I;I'NCOL"N" TETON Before me, a Notary Public on this day personally appeared MARTIN P KAY & HELEN J KAY known to me (or proved to me) on the oath of Martin P. Kay and Helen J. Kay through known to me (description of 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 7th day of ,20~ "..J/udi,31fYj Nótary Public May ~ARYPUBLlC COUNTY OF . STATE OF TETON WYOMING ~~~""'.""8'''"' State of County of Corporate Acknowledgement ,20_ (Seal) 0058057456 Loan Mod Agrmnt. 0 I 07 Page 4 of 4 FH6D22Q û~~935? 000007 + CORPORATE ACKNOWLEDGEMENT State of Idaho ) ) ) County of Ada The foregoing instrument was acknowledged before me on fY)a Ý 1} Zð01 by Kim Rojahn, Vice President ofPirst Horizon Home Loan Corporation, a Kansas Corporation, on behalf of the Corporation. t.··....·,·" ~" c B "'#. It" ~\1i' . 80 "« ~',,~ ....~~' l" ~ \ I ~OTA.,J.- : ..- 1 ¡ . Þl1B\.'C \,¡>~ -...'" ~o J (Seal) ~te OF \\) t;"" ."','........, ~-tù 13.~ Notary Public, State of Idaho My Commission Expires: April 12, 2013