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HomeMy WebLinkAbout940480 16 11 'lit,- "Y L-' 'I \ }J,1 RECEIVED 7/11/2008 at 4:13 PM RECEIVING # 940480 BOOK: 699 PAGE: 796 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Space Above This Line For Recording Data STATE OF WYOMIN~ ) COUNTY OF ,~ L\ nLo Ln ) Prepared By: WACHOVIA MORTGAGE, FSB Return To: MORTGAGE MODIFICATION AGREEMENT AMENDMENT TO NOTE AND SECURITY INSTRUMENT (Loan Program Change) W ACHOVIA MORTGAGE, FSB 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607-5066 Lenders Loan Number: 3859360 MIN: MERS Phone: 1-888-679-6377 TIllS MODIFICA nON AGREEMENT ("Agreement") is made this 10th day of July 2008 , by and betweerBRENDA LEIGH MORSE ("Borrower") and WACHOVIA MORTGAGE. FSB. successor in interest to Wachovia Mortgage Corporation ("Lender") whose address is 1100 CORPORATE CENTER DRIVE, RALEIGH, NC 27607-5066 and Mortgage Electronic Registration Systems, Inc. whose address is P. O. Box 2026, Flint, MI 48501-2026 ("Mortgagee" or "Beneficiary") and "Trustee") whose address is RECITALS: A Lender is the owner and holder of that certain Promissory Note ("Note") dated October 19 2007 , in the original amount of $ 160,000.00, plus an Addendum to the Note and Construction Loan Agreement of the same date, secured by a MortgagelDeed of Trust ("Security Instrument") which encumbers property located at 109 EAST FOREST DRIVE STAR VALLEY RANCH, WY 83127 and which property is more particularly described in said Security Instrument which incorporates a ConstructionlPermanent Rider of the same date, granted or assigned to MERS solely as a nominee for Lender and Lender's successors and assigns, recor;ded on October 24 2007 in Official RecordslDeedBook 676 ,Page 611 ,Public Records of LINCOLN County. B. Borrower has requested Lender to modify the Note and Security Instrument, and the parties have mutually agreed to modify the terms as set forth below. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and other valuable consideration, 240633 (rev 03 02/08) [06331 ] Page 1 of5 TBG \..O,'fJ 797 the receipt and sufficiency of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. LOAN AMOUNT. The unpaid principal balance of the Note is $ interest has been paid through the date of this Agreement. 160,000 00 and that 2. AMENDMENTS TO THE NOTE. The tenns and provisions of the Note are amended and modified as follows: (a) Paragraph 2 of the NOTE is amended as follows: 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 5.750 % from July 10 , 2008. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6 (B) of this Note. (b) Paragraphs 3(A) and 3(B) of the Note are amended as follows: (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1 st day of each month begirming on September 1 2008 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on August 1 , 2038, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." (B) Amount of Monthly Payments My monthly payments will be in the amount of U.S. $ 933.72 (c) The Construction/Pennanent Addendum to the Note is null and void as of the date of this Agreement and is no longer in effect. 3. AMENDMENTS TO THE SECURITY INSTRUMENT. The tenns and provisions of the Security Instrument are amended and modified as follows: o (a) The unpaid principal balance of the Note that is secured by the Security Instrument is [ 0 increased / o decreased] to One Hundred Sixty Thousand and no/100 Dollars ($ 160~000.00 ). IX! (b) The outstanding balance of the debt, if any remaining, evidenced by Borrower's Note dated the same date as the Security Instrument, if not paid earlier, shall be due and payable on Auaust 1 2038 IX! (c) The Construction/Pelmanent Rider to the Security Instrument is null and void as of the date of this Agreement and is no longer in effect. 4. CONSTRUCTION LOAN AGREEMENT OF NO FORCE AND EFFECT. The original provisions of the Note and related Construction Loan Agreement provide for the payment of interest only during the Construction Phase of the loan and construction and completion of improvements on the security property. Borrower and Lender agree that the Construction Phase is now complete and that all construction draws and loan proceeds have been disbursed to the Borrower in accordance with the tenns of the Note. Borrower further acknowledges Lender's compliance with all tenns, conditions and obligations of the Construction Loan Agreement and other loan documents during the Construction Phase and hereby releases Lender and any subsequent assignee or note holder of all liability thereunder. Payments of principal and interest shall be due and payable as outlined in the Note, as amended by this Modification 240633 (rev 03 02/08) [06332] Page 2 of 5 TBG \.."\I"\~:!'-f."\nll UO"-'798 Agreement. The Construction Loan Agreement shall be null and void as of the date of this Agreement. 5. NO RELEASE, Nothing herein invalidates or shall impair or release any covenants, conditions, agreements or stipulations in Note and Security Instnnnent and the same, except as herein modified, shall continue in full force and effect, and the undersigned further covenant and agree to perform and comply with and abide by each of the covenants, agreements, conditions and stipulations of Note and Security Instnnnent which are not inconsistent herewith. This Agreement shall not constitute a novation. 6. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns, or successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto the day and year first above written. WITNESSES: BORROWERS: ~d<~J /fJ~ BR DA LEIGH RSE (SEAL) (SEAL) ~~. ~ l(tTl(1 { (14~ ' L n± Ice PresIdent/AssIstant Secretary (SEAL) By: Vice President/Assistant Secretary MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. BY:~ Vice President/Assistant Secretary ..., TRUSTEE: By: Vice President/Assistant Secretary (SEAL) Vice President/Assistant Secretary 240633 (rev 03 02/08) [06333] Page 3 of5 TBG vO"-'799 ACKNOWLEDG11ENTS ~ OF 'R!) IffhV\ ì ~ U lA...C() h. '- COUNTY OF The foregoing Mortgage Modification Agreement was acknowledged befor administer oaths th' s t..N'-- day of f"\ me, a notary public or other official qualified to , ~eðß by, ,the e/they is (are) personally known to me or has (have) produced satisfactory proof of Borrower(s) named above. his/her/their identity. NANCY J. BROWN· NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN ' " WYOMING MY COMMISSION EXPIRES {p '251'2D( 0 Title: (If Applicable) My Comnussion Expires: to I't£) \'2-0 \ D ~$QJt9~ OF '-\-hrudfLJ COUNTY OF ÚU ~ A...J Si~erson ~" 'l1,istering Oath: f'J , ~0~~ Printed Name of Person Administering Oath: ~ .,"..~ TERRI RICHARDS (1fl~·t~t~ MY COMMISSION #00622900 U EXPIRES: DEG 17, 20' Q Bonded tllrouyh 1 st State Insurance Title: (If Applicable) My Commission Expires: ""'~'.'~--'''~''''''''- 240633 (rev 03 02/08) [06334] Page 4 of 5 TBG ;~H""U'~¡';II ~;:'Q.J:i ,~ ~. '1fi '~I ~~ .~t, ................~. ~0J)9F - OF ~~d.Ck.. ~Ù~ ~l ;,,>0°800 COUNTY OF The ~o~egOing. MOltgage ~odific~ol{ A;greement was acknowledgedþefore me, a notary public or other O~Cial u . o - ..00 ,this 'l~ day 0Á- ~~~ . by , as 5,. ~ I . '" l) "b..lO. þ)¡ 0 Mortgage Electronic Regis . n Systems, Inc., on behalf of the Mortgage Electroni egistration Systems, Inc. pursuant to authority granted by its board of directors or other governing body. S/he is personally known to me or has produced satisfactory proof Of~' /her identity. S ature of Person m' er' i I Printed Name of Person Administering Oath: ~,'";:ÿ''þ''' TERRI RICHARDS f<~'/' ....~~~ MY COMMISSION #00622900 '\ U EXPIRES: DEC 17, 2010 I \. Ii' Bonded through 1 5t State Insurance I Title: (If Applicable) My Commission Expires: OF COUNTY OF The foregoing Mortgage Modification Agreement was acknowledged before me, a notary public or other official qualified to administer oaths this day of by , as of said Trustee named above, on behalf of the Trustee pursuant to authority granted by Trustee's board of directors or other governing body. S/he is personally known to me or has produced satisfactory proof of his /her identity. Signature of Person Administering Oath: Printed Name of Person Administering Oath: Title: (If Applicable) My Commission Expires: 240633 (rev 03 02/08) [06335] Page 5 of5 TBG Description ~O" 1. Ú ~)80 Lot 70 of Star Valley Ranch Plat 22 Second Filing, Lincoln County, Wyoming as described on the official plat thereof