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Home My WebLink About941442 PREPARED BY: LISA BEEBE CITIGROUP GLOBAL MARKETS REALTY, A NEW YORK CORPORATION, C/O QUANTUM SERVICING CORPORATION 2 CORPORATE DRIVE, SUITE 800 SHELTON, CONNECTICUT 06484 When recorded. mail to: ~ Pb- Equity Loan Services, Inc: Loss Mitigation Title Servlces- LMTS. ~ 1100 Superior Ave., Ste ~O I AI n Cleveland, OH 44114 :t-ç<.b lV~ I Attn: National Recordings 1120 Parcel No. 12-35-19-25-1-06-028.00 000663 [Space Above This Line for Recording Data] Original Recorded Date: AUGUST 13,2007 Loan No.: 1420684654 Original Principal Amount: $ 183,750.00 RECEIVED 8/20/2008 at 2:22 PM RECEIVING # 941442 BOOK: 702 PAGE: 663 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY LOAN MODIFICATION AGREEMENT (providing for Fixed Interest Rate) C( This Loan Modification Agreement ("Agreement"), made this 24TH day of JULY, 2008 between DAVID DALEY AND APRIL DALEY, HUSBAND AND WIFE AS TENANTS BY THE ENTIRETIES ("Borrower") and CITIGROUP GLOBAL MARKETS REALTY, A NEW YORK CORPORATION, C/O QUANTUM SERVICING CORPORATION ("Lender"), amends and supplements (1) the Mortgage, Deed of Trust or Security Deed (the "Security Instrwnent"), and Timely Payment Rewards Rider, if any, dated JULY 25, 2007 and recorded in Book or Libor 668, at page(s) 660 ,of the Official Records of (Name of Records) LINCOLN COUNTY, WYOMING , and (2) the Note bearing the same date as, and (County and State, or other jurisdiction) 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 165 PIUTE DR, THAYNE, WYOMING 83127 (Property Address) 1111111111111111111111 DALEY 38494109 WY FIRST AMERICAN ELS MODIFICATION AGREEMENT 1111111111111111111111111111111111111111111111111111111111 LOAN MODIFICATION AGREEMENT, Single Family - Fannie Mae Uniform Instrument Form 3179 1/01 (rev. 6/06) Modified by First American Loan Production Services First American Real Estate Solutions LLC FALPS# WYFM3179 Rev. 04-17-08 (page 1 of 5) WYOMING 1420684654 006664 the real property described being set forth as follows: LOT 98 OF PRATER CANYON ESTATES UNIT NO.4, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. As of JULY 1,2008 , the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $ 191,608.12 , consisting of the unpaid amount(s) loaned to Borrower by Lender plus any interest and other amounts capitalized. 2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 7.000 %, from JULY 1,2008 . Borrower promises to make monthly payments of principal and interest of U.S. $ 1,274.77 , beginning on the 1ST day of AUGUST, 2008 , and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. The yearly rate of 7.000 % will remain in effect until principal and interest are paid in full. If on AUGUST 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. 3. 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 notic:e is delivered or mailed within which 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. 4. 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: LOAN MODIFICA nON AGREEMENT - Single Family - Fannie Mae Uniform Instrument Modified by First American Loan Production Services First American Real Estate Solutions LLC Form 31791/01 (rev. 6/06) (page 2 0/5) WYOMING FALPS# WYFM3179-2 Rev. 04-17-08 1420684654 00\1665 (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, including, where applicable, the Timely Payment Rewards rate reduction, as described in paragraph 1 of the Timely Payment Rewards Addendum to Note and paragraph A.I. of the Timely Payment Rewards Rider. By executing this Agreement, Borrower waives any Timely Payment Rewards rate reduction to which Borrower may have otherwise been entitled; and (b) all terms and provisions of any adjustable rate rider, or Timely Payment Rewards Rider, where applicable, or other instrument or document 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. 5. Borrower understands and agrees that: (a) All the rights and remedies, stipulations, and conditions contained in the Security Instrument relating to default in the making of payments under the Security Instrument shall also apply to default in the making of the modified payments hereunder. (b) All covenants, agreements, stipulations, and conditions in the Note and Security Instrument shall be and remain in full force and effect, except as herein modified, and none of the Borrower's obligations or liabilities under the Note and Security Instrument shall be diminished or released by any provisions hereof, nor shall this Agreement in any way impair, diminish, or affect any of Lender's rights under or remedies on the Note and Security Instrument, whether such rights or remedies arise thereunder or by operation of law. Also, all rights of recourse to which Lender is presently entitled against any property or any other persons in any way obligated for, or liable on, the Note and Security Instrument are expressly reserved by Lender. (c) Borrower has no right of set-off or counterclaim, or any defense to the obligations of the Note or Security Instrument. (d) 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. (e) All costs and expenses incurred by Lender in connection with this Agreement, including recording fees, title examination, and attorney's fees, shall be paid by the Borrower and shall be secured by the Security Instrument, unless stipulated otherwise by Lender. (f) Borrower agrees to make and execute such other documents or papers as may be necessary or required to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assigns of the Borrower. LOAN MODIFlCA nON AGREEMENT - Single Family - Fannie Mae Uniform Instrument Modified by First American Loan Production Services First American Real Estate Solutions LLC Form 3179 1/01 (rev. 6/06) (pagd 0/5) WYOMING FALPS# WYFM3179-3 Rev. 04-17-08 CITIGROUP GLOBAL MARKETS REALTY, A NEW YORK CORPORATION, C/O QUANTU 1420684654 RVICING CORPORATION Name: t;J.{.' Its: 11-~~fè,Iø~~ \. ~ ", "^" ~~~-> ~ DAVID DALEY ( _..""" '. ....-.-................... _.--,._C·'~::::", -, ~~~~==~ LOAN MODIFICATION AGREEMENT - Single Family· Fannie Mae Uniform Instrument Modified by First American Loan Production Services First American Real Estate Solutions LLC FALPS# WYFM3179-4 Rev. 04-17-08 Form 3179 1/01 (rev. 6/06) 0006£6 (Seal) - Lender (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (page -I of 5) WYOMING 1420684654 000667 [Space Below This Line For Acknowledgment] BORROWER ACKNOWLEDGMENT State of WYOMING County of LI11C-o!n' The instrument was acknowledged before me on 7, 30 - 2.00 SV DAVID DALEY, HUSBAND AND APRIL DALEY, WIFE (date) by (name(s) ofperson(s». HEIDI L CLAYE - NOTARY PUBLIC (Si County of lincoln State of Wyoming My Commission Expires February 15, 2010 :.6uC:;/l1ec:;ç A.sso<.?tc-LtQ; 1.JJe.t(s h.l"j{) '&t1F-/l./-J . Title (and Rank) [My commission expires: 9-)5'- 2.010 LENDER ACKNOWLEDGMENT State of C-T County of -fct~ fìi1d- Th~ instrument was acknowledged before me on 1+v-5US+ l.9 }?-óo g c;..\œ...c.v.-v-~I./Q.~ V P of l,oc...."", Q.Q~al\J~Q- , . (date) by as of . ~ .' . -L~ / c: f(S~~I} if'~~~) ,:. (1) oj! "}.' :,., ,'. ."" Ii ?J ....\J.e .' !....-' "f" '", _r~·f.:""':'¡ ,: .......(. .... (1 .,1',,1 I I) .; . (.1 r ·...I!,t,(· ,.....: ~ r I ~ t . (, . , \I ~ .', t ~. I ' .' , . LINDA UGARTE Title (and Ranklptary Public, State ot COllllt:l.iUcut My Com:nission Expires on 10/31/09 [My commission expires: LOAN MODIFICATION AGREEMENT - Single Family - Fannie Mae Uniform Instrument Modified by First American Loan Production Services First American Real Estate Solutions LLC FALPS# WYFM3l79-5 Rev. 07-07-08 Form 31791/01 (rev. 6/06) (pageS of5) WYOMING