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HomeMy WebLinkAbout943410 After Recording Return To: ZIONS FIRST NATIONAL BANK, N.A. 255 N. ADMIRAL BYRD RD SALT LAKE CITY, UT 84116 (801) 326-5710 RECEIVED 11/4/2008 at 11 :30 AM RECEIVING # 943410 BOOK: 708 PAGE: 487 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00&487 [Space Above This Line For Recording Data] LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate) KRIEGER Loan #: 3408040029 PIN: 1221162321219300 MnN:100019534080400299 IF THE LOAN MODIFICATION AGREEMENT MUST BE RECORDED, TWO ORIGINAL LOAN MODIFICATION AGREEMENTS MUST BE EXECUTED BY THE BORROWER: ONE ORIGINAL IS TO BE FILED WITH THE NOTE AND ONE ORIGINAL IS TO BE RECORDED IN THE LAND RECORDS WHERE THE SECURITY INSTRUMENT IS RECORDED This Loan Modification Agreement (the "Agreement"), made and effective this 21ST day of OCTOBER, 2008, between ZIONS FIRST NATIONAL BANK, N .A. ("Lender") and BILLY JOE KRIEGER AND KATIE B KRIEGER, HUSBAND AND WIFE ("Borrower"), modifies and amends certain terms of Borrower's indebtedness evidenced by (1) the Note (the "Note") to Lender dated the 19TH day of MAY , 2008, in the original principal sum of U.S. $195,000.00 and secured by (2) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") and Rider(s), if any, dated the same date as the Note and recorded in Book or Liber 695, at pages 157, of the COUNTY Records [Name of Records] of LINCOLN. [County and State, or other Jurisdiction] The Security Instrument covers the real and personal property described in the Security Instrument and defined as the "Property", located at: 1519 9TH WEST AVENUE, KEMMERER, WY 83101 [Property Address] the real property described being set forth as follows: LOT SA, LOT SB, LOT 6A AND LOT 6B OF BLOCK 5 OF THE LINCOLN HEIGHTS 5TH ADDITION, THIRD FILING, TO THE CITY OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT RECORDED AUGUST 16, 1985 AS DOCUMENT NUMBER 641092 IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING. In consideration of the mutual promises and agreements exchanged, Lender and Borrower agree as follows (notwithstanding anything to the contrary contained in the Note and Security Instrument): MULTISTATE LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate)--Single Family--Freddie Mac UNIFORM INSTRUMENT _ 4020.3 Page I of 4 Form 5161 3/04 00ü488 3408040029 1. Current Balance. As of OCTOBER 24, 2008, the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance") is U.S. $195,000.00. 2. Interest Rate. 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 5.750%, beginning OCTOBER 24, 2008, both before and after any default described in the Note. The yearly rate of 5.750% will remain in effect until principal and interest is paid in full. 3. Monthly Payments and Maturity Date. Borrower promises to make monthly payments of principal and interest of U.S. $~, ~37. 97, beginning on the ~ST day of DECEMBER, 2008, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on NOVEMBER 1, 2038, (the "Maturity Date"), Borrower still owes amounts under the Note and the Security Instrument, as amended by this Modification Agreement, the Borrower will pay these amounts in full on the Maturity Date. 4. Place of Payment. Borrower must make the monthly payments at 255 N. ADMIRAL BYRD RD, SALT LAKE CITY, UT 84~16 or such other place as Lender may require. 5. Partial Payments. Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. Lender will use the prepayments to reduce the amount of principal that Borrower owes under the Note. However, Lender may apply the Prepayment to the accrued and unpaid interest on the prepayment amount before applying the prepayment to reduce the principal amount of the Note. If Borrower makes a partial prepayment, there will be no changes in the due dates or the amount of the monthly payments unless Lender agrees in writing to those changes. 6. Property Transfer. 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 given in accordance with Section 15 of the Security Instrument, 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 this Security Instrument without further notice or demand on Borrower. 7. Compliance with Covenants. Borrower also will comply with all other covenants, agreements, and requirements ofthe 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. 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 where 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. MULTISTATE LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate)--Single Family--Freddie Mac UNIFORM INSTRUMENT II1II 4020.3 Page 2 of 4 Form 5161 3/04 3408040029 In Witness Whereof, Lender and Borrower have executed this Agreement. \ /0. 1/0 ß OOü489 elow This Line For Acknowledgment in Accordance with Laws of Jurisdiction] Notary Acknowledgement to Modification STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) I hereby certify on this day, before me\. .ylar/gt HvtrfrnaÍlrz. pepçmally appeared .~.. ·.\7111~ ,Joø . (r ~er ttU1Øt (<cvhe 'B. I<neaer (notary), , known to be the person(s) described in and who executed the foregoing Loan Modification Agreement and acknowledged before me that he/she/they executed the same for the purpose therein expressed. Witness my hand and official seal this ~ day of OCfv þe/r. ')OOr:¡) . !/í Notary Pu 'c \: . ',) Residing at colh.cOIrCf'l-Nj V'J wI My Commission Expires: "feb. t'j; '2V 1'1.. MARISA HARTMANN NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN WYOMING P8i COMMISSION EXPIRES FEBRUARY 5, 2012 MULTISTATE LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate)--Single Family--Freddie Mac UNIFORM INSTRUMENT ê 4020.3 Page 3 of 4 Form 5161 3/04 3408040029 ZIONS FIRST NATIONAL BANK, N.A. Name of Lender \^ 1\ .Ju.... .<-- \ "2.. À\",L."",-·-""..---, By ¥ M:tèHAEL E.' HALL VICE PRESIDENT ûOö49C' UTAH STATE OF COUNTY OF CACHE ) ) ss. ) Diana Kartchner I hereby certify on this day, before me (notary), personally appeared MICHAEL E. HALL known to be the VICE PRESIDENT of the corporation named and that he/she/they acknowledged executing the same freely and voluntarily under authority duly vested in them by said corporation. _ official seal thism day of ov\D.ber¡ ~ .,-~ ~~._...,.- _"";"~. '-I~'" -'··~-1:¡Õl~ARY7pÛBLÍC , ".' DIANA KARTCHNER l~" "-ì 45 E 400 N 'f ~~ lLlqan, UT 84321 L ::¡1 My com.rniS.Sion Expires ~... ; .;1 August 2., 2009 ...... "....~..,... ST~TE OF 1JTAH ~ ~.........~~~..¡rl' _.........--.-.-,,:..-------- c__-""'--''''''-'' otary Public Residing at My Commission Expires: MULTISTATE LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate)--Single Family--Freddie Mac UNIFORM INSTRUMENT _ 4020.3 Page 4 of 4 Form 5161 3/04 1f