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Home My WebLink About937288 FEB-22.- _ )8:56 First Horizon ?06 RECEIVED 3/3/2008 at 12:16 PM RECEIVING # 937288 BOOK: 688 PAGE: 336 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY \)Ov336 . ARe. Recordin,g Return To: Y.BHL-Po.~ Closing Mail Room 1555 W. Walnut Sill Ln #200 MC 6712 Zrving, TX 75038 Loan Number: 0061087904 (Space Above this Line for Recordl.og Data) LOAN MODIFICATION AGREEMENT (PJvvidiog fOJ' Fbed Interest Rate) This Loan Modification Agreement ("Agreement"), made this 21st day of PDR'lTARY 2008, between PAULA M CALLAKAN & ml,LIAH J CALLARAN, Husband Ii: WU. f (, \ J .J ("Borrower") and fIRST HORIZON HOME LOANS, A DIVISION OF FZRST TENNESSEB BANK N.A. ("Lender"), amends and supplements (1) the Mortgage. Deed of Trust, or Security Deed ("The Security ln$tJumen.t"). dated 6/25/2007 and recorded in 930741 . of the Land / Official Records of Lincoln County. and (2) the Note bearin,g the same date as, and secured by the Security Instrument. which covers the real and pel'8onaJ property described in the Security Iß$1Iument and defined therein as the "Property", located at 150 MEADON RIDGE ROAD, ALPINE, WYoming 83128 (Property Address) The real property described being set forth as follows: LOT SBV':mTUN (17), MEADOW RIDGB ESTATBS, LINCOLN COUNTY, WYOMING, ACCORDING TO 'l'WI.T PLAT 1ì'ILBD AP:RZL 28, 2004 AT DO~ NUKBBR 898827 ~ NDNBE:R 237-A, IN THE OP'¡CB OF THB CLBRK, LINCOLN COUNTY, WYOlaNG. Iniûal$ ~ 0!t.- Loan Mod Agnnnt. l~ Page 1 of4 PH6D22N · -.... ...... ................ - - - - - -- - - - - - -- ùOv337 In consideration of the mutual promises and agreements exchanged, the parties heJ:eto agree as follows (notwithstanding anything to the contrary contained in the Note and Security Instrument): 1, As of 2/21/2008 , the amowrt payable under the No\C and the Security Instrument (the "Unpaid Principal Balance") is U.S. $ 351,707.00. Borrower hereby renews and extends such indebtedness and prowses to pay jointly and severally to the order of" the Lender the sum of U.S. $ 351,707.00 (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 5 . 375 %, from 2/22/2008 . Borrower promises to make monthly payments of principal and interestofU.S.$ 1,969.46 ,beginnïngontheflrstdayof APRIL I 2008. and continuing thereafter On the same day of each succeeding month until principal and interest are paid in full. If on 3/01/2038 (the "Maturity Date"), ßQrrower still owes amounts under the Note and the Security Instrument, as amended by this Agœemem. Borrower will pay these amounts in full On the Maturity Date. Borrower will make such payments at PO sox 80', MEMPHIS, TN 38101 or at such other place as Lender may require. 3. The lien and $ecurity interest secured by this Agreement is a "Renewal and Extension" effective as of 2/:U/:ilOOB . It is the intention of the parties that all liens and security interests described in the Security Instrument an: hereby renewed and extended until the indebtedness evidenced by the Note, as renewed, modified, and extended hereby, has been fully paid. Lender and Borrower acknowledge and agree that such eJttension, renewal, amendment, modification or rearrangement shall in no manner affect or impair the Note or the liens and sec\U.ity interests securing same, the purpose of this Agreement being simply to extend, modify, amend or rearrange the time and the manner of payment of the Note and the indebtedness evidenced thereby, and to can}' forward all liens and security interests securing the Note (including if applicable auy and all vendor's liens securing the Note), which are expressly acknowledged by the Borrower to be valid and subsisting, and in full force and effect SO as to fully secure the payment of the Note. The Borrower hereby expre$sly waives the benefit of any and all statute$ 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 Qr any part of the Propeny 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) wiÙlout Lender's prior written consent, tender may require immediate payment in full of all sums secured by the Security Instmment. If Lender exerclses 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 Bonower must pay all SWDS secured by the Security Ins1r\Jment. If Borrower fails to pay thes.e sums prior to the expiration of thi/¡ period, Lender may invoke any remedies pennitted by the Security Instrument without further notice or demand On &rrower. Initials: ,OJ / I" f 1/ 00610~ Loan Mod A¡nnnr.. 1007 }>¡sc: 2 of 4 FH6D220 FEB-22, OB:56 First Horizon P.08 ùOiJ338 5. Borrower also will comply with aU other covenants, agreements and requÌl'ements of the Security Instrument, including without limitation, Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow item.t, impounds, and all other payments that Borrower is obligated to roake under the Security Instrument¡ however, the following tenns and provisions are forever canceled, null and void, 86 of the date specified in paragraph No. 1 above: (a) all terms and provisions of the Note and Security Instrument (ü any) providing for, implementing, 01; 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 affi~ed to. wholly or partially incorporated into, OJ: is part of, the Note or Security Instrument and that contains any such tenns and provisions as tl10se 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 Se<:urity Instrwnent. Except as otherwise specifically provided in this Agreement, the Note and Security Instrum¢nt wiU 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 R.EPRESENT 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 UNWRIITBN OML AGREEMENTS BETWEEN THE PARTIES. Initials ,iO f / ~ v 00610~ Loan Mod Agnnnt. X 007 Page 3 of4 FH61)22P ACCEPTED AND AGREED TO BY THE OWNER SAID NOTE FIRST 0 A DI S ûOù339 ~~~ BANX N.A:aorr47!~ Borrower WZLLIAK J CALLAHAN Its: Borrower Borrower State of WYOMING County of LINCOLN Before me, a Notary Public on this day personally appeared PAloQILA M CALLAHAN Ii WXLLI.A:H J CALLAHAN known t~ (or prov~ to ¡ne) on the oath of , or through -LXi v..u-~ L :C'..e....If\...~ 9.... (description of identity card or other document) to be the person whose name is subscribed to the foregoing instnunent and acknowledgement to me that he/she/they executed the same fOr the purposes and consideration therein expressed. Given under my hand and sea! of this office this dd day of (Seal) Dyanna Parker· Notary Public County Of . state ot lincoln WyomIng My CornrnIaIon ExpIres June - M.. ,20~ ~ A~ Il'nowledgement State of W '\ Orv....~ ~ : County of L~<:... ð\'~ : Before me, the undel'8igned authority, on this day persOnal. ly appe~IXl.Q~, a çlþt:lJ? OAl ~ . of FIRST HORZZO_l!_.øoMJi:" LOMi/ A DIVISION 01 1 RS'r TE!mØSSBB BANK N.A.//" , (personally known to me or proved 10 me.... on the basis of $atisfactogAwidênce) subscribed to the foregoing insttume:nt, and acknowledged to me thathelsbe executed th~ßaItÍe for the purposes and consideration therein expressed 118 the act and deed of said corporation an . . e"éapacity therein stated. /" Given under my hand and ~¡jt~ office this ~ay of , 2O-ºÎ- ,/ (Seal) /,/ Dyanna Parker· Notary PublIc County ot . state of Uncoln Wyoming CommIssIon ExpIrw June. 29,2011 0061087904 Loan Mod Agnnnt. 1007 Pagl: 4 of 4 FH6D22Q + ùO';340 CORPORATE ACKNOWLEDGEMENT State of Idaho ) ) ) County of Ada The foregoing instrument was acknowledged before me on J-J6--ð i by Kim Rojahn, Vice President of First Horizon Home Loans, a division of First Tennessee Bank National Association personally appeared, on behalf of the Corporation. ""II'''..., ", 'I, ~" \~ B. BO'/. '" ......... e...\.I ......... ~'" ~ ~., .. .. "Ç"" ~ ~.. .. ~ : "',. -\.0'1' AR)-''' ~ : . ~ ,: : : ..... : : : \ C, I : ~ .. PUB\..\ I : -.. .·C~ -:. ..p~.. .. ~ .... '-, ~~ ........ <' ~ ,," (Seal) I" 1'8 Of \ v ,_- 'I, ", "I"u""" It L1)Ú ß· f3t;j ~ Notary Public, State of Idaho My Commission Expires: April 12, 2013