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Home My WebLink About935905 t{,7 '~ ~ HickMAN lmtdlìtle _C9mpany SINCE 1904 After Recording Return To: FHHL-Post Closing Mail Room 1555 W. Walnut Hill Ln #200 MC 6712 Irving, TX 75038 Loan Number: 0059110445 RECEIVED 12/31/2007 at 9:56 AM RECEIVING # 935905 BOOK: 682 PAGE: 520 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000520 (Space Above this Line for Recording Data) 5 LOAN MODIFICATION AGREEMENT (Providing for Fixed Interest Rate) This Loan Modification Agreement ("Agreement"), made this 11th day of OCTOBER 2007, between JAMES H WHEAR & PATRICIA WHEAR, Husband & Wife ("Borrower") and FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. , SUCCESSOR BY MERGER TO FIRST HORIZON HOME LOAN C,ORPORATION ,("Lender:), \J\~) amends and supplements (1) the Mortgage, ~eed of Trust, or Secunty Deed ("The Secunty Instrument ), ~N- ,i,' dated 12/21/2006 and recorded ill 925691 l.Ÿ,P 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 61 PINYON STREET, THAYNE, Wyoming 83127 (Property Address) The real property described being set forth as follows: BUILDING # 23, CEDAR SPRINGS MEADOWS, PHASE III CONDOMINIUM, SECOND FILING, AS SHOWN BY THE OFFICIAL PLAT THEREOF FILED ON OCTOBER 31, 2006 AS DOCUMENT # 923937, AS PLAT 113-B. Page 1 of 4 FH6D22N 0.00521. 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 10/11/2007 , the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U,S. $. 265,525.00. 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. $ 265, 525. 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 . 750 %, from 10/17/2007 . Borrower promises to make monthly payments of principal and interest of U.S. $ 1,722.20 , beginning on the first day of DECEMBER, 2007, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full, If on 11/01/2037 (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 PO BOX 809, MEMPHI S , 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 10/11/2007 . 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 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 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 securéd 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 than 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 sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. Page 2 of 4 FH6D220 OÔ0522 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, 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 WRITIEN 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 UNWRITIEN ORAL AGREEMENTS BETWEEN THE PARTIES, hri~4(~. ¿-.. 005p-t, LOZOd Ag t. 0807 Page 3 of4 FH6D22P ACCEPTED AND AGREED TO BY THE~ OWNER Ð-HQ OF SAID NOTE /'" // ~ ~~LfI-'~----' BANK /¿'~ér > . JAMES H WHEAR V "~:Z2fi!¡;l-¿;.I dJi7 Æ/Ucu' Borrower 000523 ----.-. PATRICIA WEAR Its: Borrower Borrower State of WYOMING County of LINCOLN Before me, a Notary Public on this day personally appeared JAMES H WHEAR & PATRICIA WEAR known to me (or proved to me) on the oath of through (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 coosidexatioo therein expres& / ,'-'-IL ! ~ / 1\ A ) Given under my hand and seal of this office this i '0 -- day of .. (f! > t.:2-J!../L/ , 20 ~ TŠR~A K, ANDERSON - NOTARY PUBLIC ~ .J¿ wtl jz¿ fu M"^- ~8t.hty of State of ~ ,_ 'r:ú{ Lincoln Wyoming Notary PublIc ......, 0 U 7.. '(. '. St2{lt , ;r;)-( " My Commission Expires September 22, 2011 Corporate Acknowledgement State of LV V ò nL~ County of ~U LI'.() Before me, the undersigned authority, on this day sonally appeared a of FIRST RIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N. . , (personally known to me or proved to me on the basis of s 'sfacto~ evidence) subscribed to the foregoing instrument, and acknowledged to me that he/she executed the for the purposes and consideration therein expressed as the act and deed of said corporation and in the capa . y 'n stated, (Seal) ,20 Given under my hand and seal of this office t s Notary Public Loan Mod Agrmnt. 0807 Page 4 of 4 0059110445 FH6D22Q + 000524 CORPORATE ACKNOWLEDGEMENT State of Idaho ) ) ) Coooty of Ada The foregoing instrument was acknowledged before me on 10 -l1-ð 7 ,by Kim Rojahn, Vice President of First Horizon Home Loans, a division of First Tennessee Bank National Association, onbehmfofilie Corporation. ","'U"., ." '" ..' ~ y,. BOl ')" "'« ........ ~, .......... ~ < #', ~ C:> .. ... ~ ¡ !J l 01AR t \ "\ ::~ i: : . _.- : . . - 1'. . .. ,"" ¡ . ~~ \. PU~~ J' ~ ¡(Seal) ~.. ..-..:> #. J',. ........ :<;) '\. .... '·'ff'''' rS oV \.",,, """"',,,,,' lutd;f ' ß.&~ Notary Public, State of Idaho MyCommissionExpires: April 12, 2013 !L