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HomeMy WebLinkAbout935001 'CJ ::j >. . ::: ~I) '!.." '-·"1 ~~ ~.: ö ~~ u ". . ~ -::~.~ ~ t'.!) -::> 0 .~ ;; ~ ..o0( ) en t; 1:: '- r,rJ =t 1; :::~ ~ b ~) ..f ~~~:j ~ [-.., .~ <!) ¡::;g ~ < q OCT-30- q¡- 1:10 First Horizon ,',04 6010716030 RECEIVED 11/19/2007 at 3:34 PM RECEIVING # 935001 BOOK: 679 PAGE: 164 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0001.64 After Recording Return To: Y.HHL-Post Closing Hail 1555 W. Walnut Hill Ln Xrving, TX 75038 Loan Number: 0057814:o14G Room #200 MC 6712 (Space Above thJs Line for RecordWg Data) LOAN MODlFICATION AGREEMENT (PrQviding fQr Fixed Interest Rate) This Loan Modification Agreement ("Agreement"), made thìs 30th day of OCTOBER :il007, between JAKE HUBBARD &: ANDREA HOBBARD, Kusband &: Wife ("BolTOwer") and FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. SUCCESSOR BY MERGER TO FXRST HORIZON HOWE LOAN" CORPORATION ("Lender"), amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed ("The Security Instrument"), dated 6!20/:aOOG and recorded in 919714 BOOK 624 PAGE US , 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 dermed therein as the "PropeItyft I located at 111 WEST ELKRORN DRXVE, TRA"YNE, Wyoming 83127 (Property Address) The real property described being set fortb 8B follows: LOT .2 5 01' PRATER CANYON ESTATES UNIT NO.4, LINCOLN COUNTY, WYOMING AS DESCRIBED ON TKE OFFICIAL PLAT FILED ON JuLY 6, 1970 AS INSTRUMBNT NO. 423838 OF RECORDS OJ' THE LINCOLN COUßTY CLERK. Iniû¡Ùs V If A.¡-/~ Loan Mod ASl1l1nl- 1007 Page 1 of 4 FH6D22N 000:165 In consideration of the mutual promises and agreements exchanged, the parties hereto agree as fonows (notwithstanding anything to the contrary contained in the Note and Security Instrument): 1. As of 10/30/2007 , the 8moWlt payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $ 205,000.00. Borrower hereby renews and extends such indebtedness and pronúses to pay jointly and severally to the order oCthe Lender the sum of U.S. $ 205,000.00 (the "Principal Balanc~"), consisting of the amount(s) loaned to borrower by Lender and any interest capitafucd to dale. 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 1).500 %, from 10/31/2007 . Borrower prolIÙses to make monthly payments of principal and interest of U .S. $ 1 , 29 5 . 74. , beginning on the first day of DKCJï:MBKR, 2007, and continuing thereafter on the same day of each succeeding month wnil principal and interest are paid in full. If on 11/01/2037 (the "Marnrity Date"), Borrower still owes amount.s under the Note and the Security Instrument, as amended by this Agreement, Borrower will pay these amounts in full on the Maturity Date. Borrower wiH make such payments at PO BOX 60~1 MEMPHIS, TN 38101 or at such oÙler place as Lender may require. 3. The lien and security interest secured by this Agreement is a "Renewal and Extension" effective as of 10/30/2007 . 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 he(eby, has been fully paid. Lende( and Bonower acknowlooge and agœe that such extension, renewal, amèDdment, modification or rearrangement shall in no manner affect or impair the Note or the liens and security interests securing same, Ùle purpose of this Agreement being simply to extend, modify, amend or rearrange the time and the manner of payroent of the Note and the indebtedness evidencoo 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 ate e.x.pressly 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 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 3ny 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 the Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less rhan 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these swns prior to the expiration of this period, Lender may invoke any remedies permitted by the Security InstrUm~nt without further notice or demand on Borrower. lrútials V# A~ 0057814246 Loan Mod Agrmnt. 1007 Pagelof4 FH6D220 OCT-30-~__. _1:10 First Horizon _ .06 000166 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 terms and provisions are forever canceled, null and void, as of the date specified in paragraph No. I 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 rIIte of interest payable under the Note; and (b) all tenns 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 Secnrity In$1tl.U11ent and that contains any such terms and provisions as those referred to in (a) above. 6. Nothing in t.b.is Agreement shall be understood or construed to be II satisfaction OJ,' release in whole or in part of the Note and Security Instrument. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender wilI be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. 7. No Oral Agreements: THE WRITTEN LOAN AGREEMENTS REPRESENT THE FINAL AGREEMENTS BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVJDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Initials TT¡I /1 It- OOS78~424f¡ Loan Mod Agnnut. 1007 Page J of 4 FH6D22P 0001.67 OANS I TENNESSEE ANDREA HUBBARD Borrower Borrower Stale of WYOMING CounlY of LINCOLN Before me, a Notary Public on this day personally appeared JAKE :HUBBARD 6è ANDREA :HUBBARD known to ~e (or proved to fIle) on the oath of . or Ùlrough d(' \ ~ LX t.eC\.Se. C} (description of identity card or oth~r document) to be the person whose name is subscribed to lhe foregoing instrument and acknowledgement to me that he/she/they e¡¡:ecuted the same for the purposes and consideration therein expre$sed. \'i± Given und .. 8 day of County 01 (Seal) Corporate Acknowledgement State of County of Before me, the undersigned author a of A DrvISION O~ ~IRST TENNESSEE B me or proved to me on the basis of satisfact acknowledged to me that he/she executed the s fa e purposes and consideration therein expressed as the act and deed of said corporation and in the aeity ther . Given under my hand and seal of this office this day of ,20 (Seal) Notary Public Loan Mod Agrmnl. 1007 Page 4 of4 0057814246 PHGD22Q + 000168 CORPORATE ACKNOWLEDGEMENT State of Idaho ) ) ) County of Ada The foregoing instrument was acknowledged before me on {D - ~I {) 7 ,by Kim Rojahn, Vice President of Firs t Horizon Home Loans, a division of First Tennessee Bank National Association, onbehllifofilie Corporation. ",..,....... ,I' B", .." \~ . /30 '" ,l c:...V ......... ~¡. ", .... L.~ .. .. .¿. "-' ~ ~~ ~- : "I.. ~O1' AR ÿ ... ~ : : ~ ,: : : ....... . : :, c,:: ~ .. PUB~\ l $ 0;. .p.. · ..S> .:(S 1) '-'", ¡. ............ "f-" ...... ea ",,/11'8 Of \~ ",.... ""',,,.,, .""" þ~:ZI)&~ Notary Public, State of Idaho My Commission Expires: Apr i 1 12, 2013