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HomeMy WebLinkAbout960742This 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 [Space Above This Line For Recording Data] Original Recorded Date: MARCH 20, 2009 Original Principal Amount: 179,845.00 LOAN MODIFICATION AGREEMENT (Providing for Step Interest Rate) This Loan Modification Agreement "Agreement made this 1ST day of APRIL, 2011 between TONYA B MCNEEL AKA TONYA MCNEEL KEITH B MCNEEL AKA KEITH MCNEEL, WIFE AND HUSBAND "Borrower and FIRST TENNESSEE BANK NATIONAL ASSOCIATION "Lender AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. "MERS "Mortgagee amends and supplements (1) the Mortgage, Deed of Trust or Security Deed (the "Security Instrument and Timely Payment Rewards Rider, if any, dated FEBRUARY 19, 2009 and recorded in Book or Liber 718, at page(s) 263, Instrument No. 000263 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 635 ADAMS STREET, AFTON, WYOMING 83110 (Property Address) LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument CoreLogic Document Services CoreLogic, Inc. CLDS# FM3162 Rev. 12 -01 -10 RECEIVED 8/29/2011 at 12:41 PM RECEIVING 960742 BOOK: 771 PAGE: 745 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000745 Fannie Mae Loan No. 1708730041 Loan No. 5050025906 MERS MIN 100020050500259063 Form 3162 6/06 (rev. 01/09) (page 1 of 6) the real property described being set forth as follows: SEE ATTACHED EXHIBIT "A" LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument CoreLogic Document Services CoreLogic, Inc. CLDS# FM53162 -2.4 Rev. 04 -05 -10 5050025906 000746 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 MARCH 1, 2011 the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance is U.S. 178,319.58 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 2.750 from MARCH 1, 2011 and Borrower promises to pay monthly payments of principal and interest in the amount of 761.58 beginning on the 1ST day of APRIL, 2011 During the sixth year, interest will be charged at the yearly rate of 3.750 from MARCH 1, 2016 and Borrower shall pay monthly payments of principal and interest in the amount of 842.50 beginning on the 1ST day of APRIL, 2016 During the seventh year, interest will be charged at the yearly rate of 4.750 from MARCH 1, 2017 and Borrower shall pay monthly payments of principal and interest in the amount of 924.81 beginning on the 1ST day of APRIL, 2017 During the eighth year and continuing thereafter until the Maturity Date (as hereinafter defined), interest will be charged at the yearly rate of 4.875 from MARCH 1, 2018 and Borrower shall pay monthly payments of principal and interest in the amount of 935.01 beginning on the 1ST day of APRIL, 2018 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 MARCH 01, 2039 (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. Form 3162 6/06 (rev. 01/09) (page 2 of 6) 5050025906 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 (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) 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. (e) 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. (f) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as nominee for Lender and Lender's successors and assigns. MERS is the Mortgagee of record under the Security Instrument and this Agreement. 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. LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument CoreLogic Document Services CoreLogic, Inc. CLDS# FM3162 -3 Rev. 12 -01 -10 Form 3162 6/06 (rev. 01/09) (page 3 of 6) 0U0747 eT rQ� BAN T) AL ASSOCIATION Name: ANDREA KANOPKA Its: ASSISTANT VICE PRESIDENT 1' diV1 b TONYA M Y 1 CNEEL e .>z 6c4 KEITH B MCNEEL 5050025906 LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument CoreLogic Document Services CoreLogic, Inc. CLDS #FM3162 -4 Rev. 12 -01 -10 (Seal) Lender (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower Form 3162 6/06 (rev. 01/09) (page 4 of 6) 000748 [Space Below This Line For Acknowledgments] State of WYOMING County of Lk Ne.01 t� This instrument was acknowledged before me on rCh 03 201 t TONYA B MCNEEL AND KEITH B MCNEEL (name(s) of person(s)). AMBER M. ROBERTSON NOTARY PUBLIC S 9t fA State Of Wyoming My Commission Expires May 15, 2013 State of NEW JERSEY County of BURLINGTON me on This instrument was acknowledged a t before (Seal, if any) Sandra L Stone Notary Public of New Jersey My Commission Expires April 21, 2013 BORROWER ACKNOWLEDGMENT [My commission expires: 100 Li 15 ("Di) 13 LENDER ACKNOWLEDGMENT C)* »f (Si nature o ficer) l e (and rank) 5050025906 (date) by (date) by r/r ANDREA KANOPKA I ASSISTANT VICE PRESIDENT (Si" nature of notarial officer) 0 Title (and rank) [My commission expires: LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument Form 3162 6/06 (rev. 01/09) Modified by CoreLogic Document Services (page 5 of 6) CoreLogic, Inc. WYOMING CLDS# WYFM3162 -5 Rev. 12 -01 -10 749 Mortgage Ele r t o is Registration Systems, In State of NEV JERSEY County of BURLINGTON This instrument was acknowledged before me on ANDREA KANOP of (Seal, if any) Sandra L Stone Notary Public of New Jersey My Commission Expires April 21, 2013 LOAN MODIFICATION AGREEMENT Single Family Fannie Mae Uniform Instrument CoreLogic Document Services CoreLogic, Inc. CLDS# WYFM3162 -6 Rev. 12 -01 -10 5050025906 Mortgagee (date) by Iv A A. L -a /fir as AS STANT VICE PRESIDENT L d a re of notarial offic r Title nd rank) [My commission expires: 7 Form 3162 6/06 (rev. 01/09) (page 6 of 6) WYOMING 000750 Exhibit A T.fiE 1OLLOWING DESCRIBED REAL ESTATE, SITUATE IN LINCOLN COUNTY AND STATE OF WYOMING, HEREBY RELEASING AND WAIVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE STATE TO WIT: THE PART OF NW 1/4 NW 1/4 OF SECTION•31, T32N R118W, WITHIN THE HASTINGS ANNEXATION TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING, DESCRIBED AS FOLLOWS: COMMENCING AT A P -K NAIL ON THE CENTER-LINE OF FAIRGROUNDS ROAD, S 02 DEGREES 06' W, THE BASE BEARING FOR. THIS SURVEY, 177.59 FEET FROM AN IVAN L. CALL RLS 274 MUELLER WATER CAP WITH HEXBOLT AT THE INTERSECTION OF CENTER -LINES OF SAID FAIRGROUND ROAD WITH SIXTH AVENUE; THENCE S 86 DEGREES 54.7 E, 30 FEET TO POINT OF BEGINNING ON THE EAST RIGHT -OF -WAY LINE OF SAID ROAD, S 55 DEGREES 49' E,775.60 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 31, FOUND AS DESCRIBED IN THE CERTIFIED LAND CORNER RECORDATION CERTIFICATE OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY; THENCE CONTINUING S 86 DEGREES 54.7 E, 144.98 FEET ALONG THE WESTERLY PROTRACTION OF AN EXISTING CHAIN LINK FENCE, AND ALONG SAID FENCE TO A 2" x 4 FOOT LONG GALVANIZED STEEL FENCE POST; THENCE S 02 DEGREES 48.2' W, 97.84 FEET ALONG SAID EXISTING FENCE TO A 2 "x 4 FOOT LONG GALVANIZED STEEL FENCE POST; THENCE N 87 DEGREES 27.2' W, 143.76 FEET ALONG SAID EXISTING FENCE, IN PART, AND A PROTRACTION THEREOF WESTERLY TO A POINT ON SAID EAST RIGHT -OF -WAY LINE; THENCE N 02 DEGREES 06 E, 99.21 FEET ALONG SAID RIGHT -OF -WAY LINE TO THE POINT OF BEGINNING. PARCEL ID: 12- 3218- 31 -2 -03- 059.00 Commonly known as 635 ADAMS Street Afton, WY 83110 However, by showing this address no additional coverage is provided. 111 I I 11 1 111 11111 11 11 W 526299A 1481 3/11/2009 75516864/1 000278