The URL can be used to link to this page

Home My WebLink About948863This instrument was prepared by: Katrina R. Smith 5201 Gate Parkway Jacksonville, FL 32256 Record and Retum to: Merrill Lynch Credit Corporation (f 77) 7G~ - 9-2) 2001 Bis ops Gate Boulevard Mount Laurel, NJ 08054 Mailstop: DC Loan Number: 7102145237 Parcel Identifier: 35183111302000 Min#: 100020071021452375 MODIFICATION AGREEMENT 00050 ORIGINAL This MODIFICATION AGREEMENT (this "Agreement") is entered into this June 30th, 2009, by and between Charles V Morr, Dorothy D Morr, who reside at 367 ALPINE WAY STAR VALLEY RANCH, WY 83127 (herein individually and collectively referred to as 'Borrower"), and Merrill Lynch Credit Corporation, a Corporation (herein referred to as "Lender"). WHEREAS, Lender is the owner and holder of that certain mortgage or deed of trust (the "Security Instrument"), dated April 24, 2008, made by Borrower as trustor or mortgagor, as the case may be, to Lender as beneficiary or mortgagee, as the case may be, recorded on 4/30/08 in Book 693,, Pg 248, ,Doc#* , if applicable, of the Public/Land Records of LINCOLN COUNTY, state of WY, securing a debt evidenced by a promissory note (the "Note") dated April 24, 2008, which Security Instrument encumbers the property more particularly described in the attached Exhibit B; *938595 "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. WHEREAS, Borrower and one or more third parties may have also pledged securities held in a Merrill Lynch, Pierce, Fenner & Smith Incorporated securities account as additional collateral for the loan evidenced by the Note and, if so, such pledge being more particularly described in that certain Mortgage 1006 Pledge Agreement for Securities Account ("Pledge Agreement"); WHEREAS, the Borrower, being the owner in fee simple of all of the property encumbered by the Security Instrument, has requested that Lender modify the Note and the Security Instrument (but only to the extent that the Note is incorporated therein by reference), and the parties have mutually agreed to modify the terms thereof in the manner hereafter stated; and RECEIVED 8/11/2009 at 10:29 AM RECEIVING # 948863 BOOK: 729 PAGE: 509 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 07026344 (02.1109)ac ML MuHI 0065'1. NOW THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. As of the date of execution hereof, the terms and conditions of the Note, and the corresponding portions of the Security Instrument, are modified as set forth in Exhibit A attached hereto and made a part hereof. 2. The unpaid principal balance due under the Note as of the date of this Agreement is $360,000.00. 3. Borrower warrants that Borrower has no existing right of offset, counterclaim, or other defenses against enforcement of the.Note and Security Instrument by Lender and that, if any such right or defenses do exist, they are hereby waived and released. 4. This Agreement shall supersede for all purposes any and all conflicting terms and conditions provided for in the Note and Security Instrument, but shall be construed as supplemental as to any non-conflicting term or condition stated therein. The Note and Security Instrument shall continue to evidence and secure the Borrower's indebtedness thereunder as modified herein. The parties intend and agree that this Agreement is not a novation of Borrower's loan obligation. Except to the extent provided otherwise herein, neither the Note nor the Security Instrument is modified by this Agreement and they shall remain in full force and effect until the obligations secured thereunder are paid in full and the Security Instrument is satisfied of record. 5. Borrower reaffirms that the Pledge Agreement (if applicable) shall continue to secure the indebtedness under the Note and remains in full force and effect until such times as the applicable pledged securities account(s) can be released as outlined in the Pledge Agreement. 6. This Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heir, and legatees of each of the parties hereto. 7. If the spouse of the Borrower, , is not obligated on the Note, (i) then this Agreement has been executed by the spouse of the Borrower only to evidence his/her consent to the modifications of the Note and Security Instrument described herein and to the other terms hereof; and (ii) said spouse shall not be personally obligated to pay the sums owed under the terms of the Note and this Agreement. 8. This Agreement contains the entire agreement of the parties hereto with regard to modifications of the Note and supersedes any prior written or oral agreements between them concerning the subject matter contained herein, and no party hereto has relied upon any representations except such as are specifically set forth herein. This Agreement may not be modified, changed or amended except by written instrument signed by Lender and Borrower. This Agreement shall be governed by the laws of the state in which the property encumbered by the Security Instrument is located. 07026345 (02.1109)ac ML Mutt) Executed on the date first above written. Witnesses: Name: Q~~ 10~G~ /}'J hll!`~ (Witness) Name: pt-We, Wi 7e,,y Qgj tness ( Name: QII 1~71G/f (Witness) N '6 e: (Wt (Witnesspm' ,cdd,~0 -Borrower -Borrower (Seal) -Borrower 00k*51~ /Vt/ (Seal) Charles V Morr -Borrower HC 62, BOX 7247 STAR VALLEY RANCH, WY 83127 'v (Seal) Dorothy D Morr -Borrower HC 62, BOX 7247. STAR VALLEY RANCH, WY 83127 -Borrower (Seal) -Borrower (Seal) -Borrower 07026946 (02.13.09)ac ML Multi 004 A501!1-1-1 STATE OF WYOMING, LINCOLN County ss: The foregoing instrument was acknowledged before me this ~o _ 0 9 by Charles V Morr, Dorothy D Morr My Commission Expires: 7-/5'0 Notary Public JOAN JENSEN - NOTARY P.UBUC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 0701190(022103) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. As nominee for Merrill Lynch Credit Corporation, by PHH MORTGAGE CORPORATION, AUTHORIZED AGENT C0), 5, 3 C. CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF FLORIDA DUVAL On this / Q day of V IQ &W' _ ,before me, . , a Notary Public in and for said state and county, /personally appeared Jodette C. Witt, personally known to me or proved to me on the basis of satisfactory evidence to the Director of the MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. As nominee for Merrill Lynch Credit Corporation by PHH MORTGAGE CORPORATION, AUTHORIZED AGENT that executed the within instrument, on behalf of the MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. As nominee for Merrill Lynch Credit Corporation by PHH MORTGAGE CORPORATION, AUTHORIZED AGENT therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its by-laws or resolution of its Board of Directors. Witness my hand and official seal in the state and county last aforesaid. N Public .,,`avn .~~?o* cr 70tay NA R. SMITH - AC -State d Florida Expires Feb 9, 2012 o: on # DD 746993 nma, 0702640M (02.17.09)ac MERE EXHIBIT A FIXED RATE MORTGAGE ~V 'A. (a) Beginning on the first day of August lst , 2009 and on the first day of every month thereafter, Borrower will pay interest at a yearly fixed rate of 5.250. (b) Each of Borrower's principal and interest payments will be in the amount of 1,987.94. (c) Borrower's monthly payments will continue until all of the principal and interest and any other charges described in the Note have been paid in full, except that if, on July 1st, 2039, Borrower still owes amounts under the Note, Borrower will pay those amounts in full on that date, which is called the "Maturity Date." 0701639(022600 r'. EXHIBIT B ky A- 5 LEGAL DESCRIPTION Lot Eighty-five (85) in Star Valley Ranch Plat Twelve (12) as platted and recorded in the official records of Lincoln County, Wyoming Also known as: 367 ALPINE WAY STAR VALLEY RANCH WY 83127 0701643(102502)