The URL can be used to link to this page

Home My WebLink About941289 "--v.... After Recording Return To: FHHL-Post Closing Mail Room 1555 W. Walnut Hill Ln #200 MC 6712 Irving, TX 75038 Loan Number: 0062020201 RECEIVED 8/14/2008 at 12:44 PM RECEIVING # 941289 BOOK: 702 PAGE: 347 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 6010817064 00&347 (Space Above this Line for Recording Data) LOAN MODIFICATION AGREEMENT (Providing for Fixed Interest Rate) This Loan Modification Agreement ("Agreement"), made this 5th day of AUGUST 2008, between NANCY KLINGLER, An Unmarried Woman .,It,{ ~~" ~ () ("Borrower") and FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. ("Lender"), amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed ("The Security Instrument"), dated 10/03/2007 and recorded in 934227 B676 P204 , of the Land / OfficiaJ Records of Lincoln County, and (2) the Note bearing the same date as, and secured by, the Security Instrument, which covers the reaJ and personaJ property described in the Security Instrument and defined therein as the "Property", located at 1008 HARMONY CREEK DRIVE, AFTON, Wyoming 83110 (Property Address) The reaJ property described being set forth as foJlows: TRACT 1 OF PEAVLER FAMILY EXEMPTION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON NOVEMBER 18, 2002 AS INSTRUMENT NO. 885669 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. InitiaJs Ln. k. Loan Mod Agrmnt. 1007 Page 1 of4 FH6D22N 00034B 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 8/05/2008 , the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $ 214,940.00. 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. $ 214,940.00 (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 . 125 %, from 8/12/2008 . Borrower promises to make monthly payments of principal and interest of U. S. $ 1, 306 . 00 , beginning on the first day of OCTOBER 2008, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on 9/01/2038 (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 8/05/2008 . 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 ful] 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 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 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. Initials (11 . J.( . 0062020201 Loan Mod Agrmnt. 1007 Page 2 of 4 FH6D220 ûOû349 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 all other payments that Borrower is obligated to make under the Security Instrument; however, the foUowing terms and provisions are forever canceled, nuU 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) aU terms and provisions of any adjustable rate rider, or other instrument or documents that is affixed to, whoUy 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 shaU be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except as otherwise specifical]y 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. Initiois 4 . ~ 00620:l0201 Loan Mod Agrmnt. 1007 Page 3 of 4 FH6D22P 000350 ~t<-~. ~~ N. A .Borrower NANCY K< INGLER I Borrower Borrower Borrower State of WYOMING County of Before me, a Notary Public on this day personaJly appeared NANCY KLINGLER (\ "'" c:.. t ) { \ ,",. I Co/' , or known to me (or proved to me) on the oath of I \ ~ through 1).. I ~ < r J.. <.. L,.,,$ <- (descri tion of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledgement to me that he/~/they executed the same for the purposes and consideration therein expressed. Given under my hand and sea] of this office this· ~""'.' f~R~{~S - -Ñé:·,·'. (SeaJ) i~¡h::OUNTY OF '::J:, __ . UW~OLN M~ {·O\\1MISSI~~'.;': '. ~-_... ï day of A l.<-11.<...!:. r Y\if=ðL Notary PublIc 20 () y , f::> c.JLL.- Corporate Acknowledgement State of \'D County of MCì\ \i' ief\V,le. Mi oode~igned authority, ou this day perso1U>lly appeared "?\ V\J\ a } \( (~ (N\ T of FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N .A. , (personaJly known to me or proved to me on ~e asis of satisfactory evidence) subscribed to the foregoing instrument, and acknowledged to me that he she ecuted the same for the purposes and consideration therein expressed as the act and deed of said corpor' and in the capacity therein stated. '\ \\\-1 Q6'0 \n Vl. Given under my hand and seaJ of this office this ""u""" ", . '" (SeaJ) ",,,,,;. SSÞ- RE^,< ""#. "," \: ......... ~ .:'" '<.1" ... .. <s. : ~ .. R .... \ .. eo::. O~ A:;J1'/.... .. . ~ ... : :"., ¡ - · .,. v'·· \ \. PU~", ~1) '\ .... ~'Ìi· Loan MSù Ai~4t . 'c \<J 1..'1' -"": ~.rE Q~ ""v "'.....n..- daYOf~ ~~~. Notary Publi~? 4. \ ~ \20 \:s Page 4 of 4 0062020201 FH6D22Q