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HomeMy WebLinkAbout960533Recording Requested By- and Rite: FASLO SOLUTIONS, LLC LOSS MITIGATION 1 FIRST AMERICAN WAY, B2,F4 WESTLAKE, TX 76262 [Space Above Loan No: 0054368253 Borrower: JOSH DAIGLE Original Recorded Date: September 15, 2005 This Line For Recording Data] 2q /q i- r 7 Data ID: 283 Investor Loan No.: 1023010004 Original Principal Amount: $216,000.00 LOAN MODIFICATION AGREEMENT (Providing for Step Interest Rate) This Loan Modification Agreement "Agreement made this 24th day of June, 2011, between JOSH DAIGLE AN UNMARRIED MAN whose address is 339 SNAKE RIVER DRIVE, ALPINE, WYOMING 83128 "Borrower and FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as servicer for BANK OF NEW YORK SEC, 4000 HORIZON WAY, SUITE 100 IRVING, TX 75063 "Lender amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument dated September 6, 2005 and recorded in BOOK 597 PAGE 00747 00770 of the Official Records of the County Recorder's or Clerk's Office of LINCOLN COUNTY, WYOMING and (2) 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: 339 SNAKE RIVER DRIVE, ALPINE, WYOMING 83128 [Property Address] LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument Modified by Midd eberg, Riddle Gianna Form 3162 06/06 (rev 01/09) 11 11 1 111 11 1 11 P +0054368253 +9120 +0 +07 +FNMAMOD 11 11 1 RECEIVED 8/11/2011 at 2:51 PM RECEIVING 960533 BOOK: 771 PAGE: 54 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 11 11 11 111 111 000054 (Page 1 of 7 Pages) Years Interest Interest Monthly Payment Number of Rate Rate Principal Begins Monthly Change and Interest On Payments Date Payment Amount 1 -5 2.000% 07/01/11 $1,029.80 08/01/11 60 6 3.000% 07/01/16 $1,132.10 08/01/16 12 7 4.000% 07/01/17 $1,235.40 08/01/17 12 8 5.000% 07/01/18 $1,339.04 08/01/18 12 9 6.000% 07/01/19 $1,442.40 08/01/19 12 10 -26 6.750% 07/01/20 $1,518.93 08/01/20 200 Loan No: 0054368253 the real property described being set forth as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF OCilibd 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, 2011, the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance is U.S. $247,922.68, 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 Balantre,' plus interest, to the order of Lender. Beginning July 1, 2011 interest will be charged on the Unpaid Principal Balance at the rates shown below for the respective time periods specified. Borrower promises to make monthly payments beginning on August 1, 2011 and continuing as shown below beginning on each payment due date as indicated. LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument Modif ed by Midd eberg Riddle Gianna Form 3162 06/06 (rev 01/09) (Page 2 of 7 Pages) 11 11 11 11 1 111 1 1 11111 P+0054368253+91 20 +02 +07+ FN MAM OD 1 1 1 11 11 i 11 11 11 111 000055 111 1 1 Data ID: 283 11 Loan No: 0054368253 P+0054368253 +9120 +03 +07 +FNMAMOD 000056 Data ID: 283 Whenever the monthly payment amount changes, Lender will notify Borrower of the new payment amount prior to the date it first becomes due. If on March 1, 2037 (the "Maturity Ddte 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 this 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. 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; and (b) all terms and provisions of any adjustable rate rider, 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. LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument Modif ed by Midd eberg, Riddle Gianna Form 3162 06/06 (rev 01/09) (Page 3 of 7 Pages) 1111 II I I I III I I I I I II I II 1 1 1 1 1 II 1111 II II IIIIllhIIII Loan No: 0054368253 Data ID: 283 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 and sha be secured by the Security Instrument, unless stipulated otherwise by Lender. (t) 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 MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument Modif ed by Midd eberg Riddle Gianna Form 3162.06/06 (rev. 01/09) (Page 4 of 7 Pages) 11 11 1 1 111 1111111 1 11 P+0054368253+91 20 +04 +07+ FN MA MO D 1 1 11 11 11 1 11 111 000057 111 1 11 Loan No: 0054368253 STATE OF WYOMING COUNTY OF LINCOLN This instrument was acknowledged before me on 20 /1 by JOSH DAIGLE [Seal] My commission expires: JL4> 13 20 i LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument Modif ed by Midd eberg Riddle Gianna Form 3162 06/06 rev. 01/09) (Page 5 of 7 Pages) 1 1 11 1 1 IVANA OLOFSON NOTARY PUBLIC COUNTY OF STATE OF LINCOLN ;I',.'`;i9 WYAMING MY COMMISSION EXPIRES JULY 13, 2014 111 11 P +0054368253 +9120 +05 +07 +FN MAMOD Individual Ac ow dgment 1 1 11 11 1 f�. 000058 3N 607 11 orrower CC_1;) J r otarial Officer :,14 OLOF5o 1 111 111 Data ID: 283 (Seal) (Printed Name) 11 tr enve zWm.,1100 Loan No: 0054368253 STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on b AeRNA. AA. as v—`w K/&-- of FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as servicer for BANK OF NEW YORK SEC [Seal, if any] LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument Modif ed by Midd eberg Riddle Gianna Form 3162 06/06 rev. 01/09 1 1 11 0 RTp ROBIN L. GARDNER T. °i Notary Public, State of Texas %ti•.�� My Commission Expires August 05, 2014 1 1 11 111 1 1 1 P+0054368253+91 20 +06 +07+ F N MAMOD Lender: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, as servicer for BANK OF NEW YORK SEC Lender Acknowledgment 1 1 By: Its: j t(.Q,r`• V G'C- (Printed Name and Title) 11 1 1 11 000059 11111 1111 1 111 Data ID: 283 Notarial Officer) `•Cardne Title (and Rank) (Page 6 of 7 Pages) 1 11 Loan No: 0054368253 Borrower: JOSH DAIGLE Property Address: 339 SNAKE RIVER DRIVE, ALPINE, WYOMING 83128 LEGAL DESCRIPTION LOT 39 OF RIVER VIEW MEADOW ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF IIIIIII IIIIII►IIIIIIII DAIGLE 439 1928' 7 FIRST AMERICAN ELS MODIFICATION AGREEMENT 111110111111111II1111I111111111III WY WHEN RECORDED, RETURN TO: FIRST AMERICAN MORTGAGE SERVICES 1100 SUPERIOR AVENUE, SUITE 200 CT,FVELAND, OHIO 44114 NATIONAL RECORDING LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument Modified by Midd eberg Riddle Gianna Form 3162 06/06 rev. 01/09) 11 IIIIIIIIII I I I I I II 11 11 111111 P +0054368253 +9120 +07 +07 +FNMAMOD 000060 1 1 1 Data ID: 283 (Page 7 of 7 Pages)