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HomeMy WebLinkAbout956809This Document Prepared By: MORTGAGE SERVICES ONE MORTGAGE WAY, PO BOX 5449 MOUNT LAUREL, NEW JERSEY 08054 When Recorded Mail To: MORTGAGE SERVICES PO BOX 5449 MOUNT LAUREL, NEW JERSEY 08054 Mailstop: DC Original Recorded Date: JANUARY 23, 2007 Original Principal Amount: 167,970.47 LOAN MODIFICATION AGREEMENT (Providing for Step Interest Rate) ('Borrower") and INSTAMORTGAGE.COM LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument CoreLogic Document Services CoreLogic, Inc. CLDS# FM3162 Rev. 07 -27 -10 00;4:i464 RECEIVED 11/18/2010 at 10:28 AM RECEIVING 956809 BOOK: 757 PAGE: 464 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Line For Recording Data] Fannie Mae Loan No. 4005229604 Loan No. 0040549370 MERS MIN 100020000405493705 This Loan Modification Agreement "Agreement made this 14TH day of OCTOBER, 2010 between DAVID GUSTAFSON AKA DAVID E GUSTAFSON, AN UNMARRIED MAN "Lender AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. "Mortgagee amends and supplements (1) the Mortgage, Deed of Trust or Security Deed (the "Security Instrument and Timely Payment Rewards Rider, if any, dated JANUARY 9, 2007 and recorded in Book or Liber 646, at page(s) 854, Instrument No. 926274 of the Official Records of LINCOLN COUNTY, WYOMING and (2) (Name of Records) (County and State, or other jurisdiction) the Note bearing the same date as, and 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 639 MOUNTAIN DRIVE, ALPINE, WYOMING 83128 (Property Address) Form 3162 6/06 (rev. 01/09) (page 1 of 5) the real property described being set forth as follows: SEE ATTACHED EXHIBIT "A" 0040549370 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 NOVEMBER 1, 2010 the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance is U.S. 151,889.65 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 for the first five years at the yearly rate of 2.000 from NOVEMBER 1, 2010 and Borrower promises to pay monthly payments of principal and interest in the amount of 592.06 beginning on the 1ST day of DECEMBER, 2010 During the sixth year, interest will be charged at the yearly rate of 3.000 from NOVEMBER 1, 2015 and Borrower shall pay monthly payments of principal and interest in the amount of 656.90 beginning on the 1ST day of DECEMBER, 2015 During the seventh year, interest will be charged at the yearly rate of 4.000 from NOVEMBER 1, 2016 and Borrower shall pay monthly payments of principal and interest in the amount of 722.99 beginning on the 1ST day of DECEMBER, 2016 During the eighth year and continuing thereafter until the Maturity Date (as hereinafter defined), interest will be charged at the yearly rate of 4.125 from NOVEMBER 1, 2017 and Borrower shall pay monthly payments of principal and interest in the amount of 731.18 beginning on the 1ST day of DECEMBER, 2017 and shall continue the monthly payments thereafter on the same day of each succeeding month until principal and interest are paid in full. If on OCTOBER 01, 2038 (the "Maturity Date Borrower still owes amounts under the Note and 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 notice 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. LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument CoreLogic Document Services CoreLogic, Inc. CLDS# FM53I62 -2.4 Rev. 04 -05 -10 Form 3162 6/06 (rev. 01/09) (page 2 of 5) C OO46S (b) (e) LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument CoreLogic Document Services CoreLogic, Inc. CLDS# FM3162 -3 Rev. 04 -05 -10 0040549370 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: (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.1. 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 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) 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. (d) 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. 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. Form 3162 6/06 (rev. 01/09) (page 3 of 5) 466 INSTAMORTGAGE.COM Name: ANDREA KANOPKA Its: ASSISTANT VICE PR %,SIDENT D VIDG S AF O LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument CoreLogic Document Services CoreLogic, Inc. CLDS# FM3162 -4 Rev. 04 -05 -10 0040549370 C: 00467 (Seal) Lender (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower Form 3162 6/06 (rev. 01/09) (page 4 of 5) 0040549370 [Space Below This Line For Acknowledgment] BORROWER ACKNOWLEDGMENT State of WYOMING County of N The instrument was acknowledged before me on 1 0 5- ,201r) DAVID GUSTAFSON, AN UNMARRIED MAN (name(s) of person(s)). (Seal, if any) NOTARY PUBLIC STATE OF WYOMING MA VEN R. MILLS COUNTY OF LINCOLN MY COMMISSION E X P I R E S b- 3 LENDER ACKNOWLEDGMENT Ill e�rY County of .40 O 1 The instrument was acknowledged before me o ANDREA KANOPKA ASSISTANT VICE PRESIDENT as (type of 1Z& /9S 1001 pole. tN Sva/ve-rGAce: -G Din (name of party on behalf of whom the instrument was executed) r State df Candace Gallardo Notary Public of New Jersey My Commission Expires March 10, 2013 (Seal, if any) (Sign re of notarial officer) Nbr� -2� Title (and Rank) [My commission expires: 3, a/D (Signature of notarial office Title (and Rank) [My commission expires LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument Modified by CoreLogic Document Services CoreLogic, Inc. CLDS# WYFM3162 -5 Rev. 02 -05 -09 (name(s) of person(s)) of authority, e.g., officer, trustee, etc.) ko-e(c Il €0u468 (date) by (date) by Form 3162 6/06 (rev. 01/09) (page 5 of 5) WYOMING LOAN 0040549370 EXHIBIT "A" e00469 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF WY, COUNTY OF LINCOLN, CITY OF ALPINE AND DESCRIBED AS FOLLOWS: LOT 25 OF GRAND VIEW ENTERPRISES INCORPORATED SUBDIVISION, TRACT 1 AS SHOWN IN THE OFFICIAL PLAT RECORDED JUNE 6,1973 AS FILING NO. 447722 IN THE OFFICE OF THE RECORDED, LINCOLN COUNTY, WYOMING.