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HomeMy WebLinkAbout961560[Space Above This Line For Recording Data] LOAN MODIFICATION AGREEMENT (Providing for Fixed Interest Rate) This Loan Modification Agreement "Agreement Made this 6 day of October 2011 between JUSTIN NEIL HOUSLEY "Borrower and MELISSA HOUSLEY "Coborrower and Bank of the West "Lender amends and supplements (1) the Mortgage Deed of Trust or Deed to Secure Debt (the "Security Instrument dated 09/12/2007 and recorded on 09/17/2007 in Book 672 Page 535 Official Records of Lincoln [Name of Records] [County and State or other Jurisdiction] 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 the real property described being set forth as follows: 350 PAINTBRUSH LN, LABARGE, WY 83123 [Property Address] SEE ATTACHED LEGAL DESCRIPTION EXHIBIT "A" LOAN MODIFICATION AGREEMENT Single Family- Fannie Mae Uniform Instrument RECEIVED 10/24/2011 at 12 :33 PM RECEIVING 961560 BOOK: 775 PAGE: 17 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000017 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 October 1, 2011, the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance is U.S. $one hundred ninety thousand seven hundred thirty and 39/100 ($190,730.39), consisting of the amount(s) loaned to the Borrower by the Lender and any interest capitalized to date. 2. The Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 4.250% from October 1, 2011. 3. The Borrower promises to make monthly payments of principal and interest of U.S. 938.28 beginning on the 1 day of November 2011 and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on October 1, 2041 (the "Maturity Date the Borrower still owes amounts under the Note and the Security Instrument as amended by this Agreement, the Borrower will pay these amounts in full on the Maturity Date. The Borrower will make such payments at P.O. Box 4000, Alameda, CA 94501 -0400 or at such other place as the Lender may require. 4. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in the Borrower is sold or transferred and the Borrower is not a natural person) without the Lender's prior written consent, the Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. If the Lender exercises this option, the Lender shall give the 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 the Borrower must pay all sums secured by this Security Instrument. If the Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on the Borrower. 5. The Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, including without limitation, the Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that the 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. I 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. Form 3179 2/88 Page 1 of 2 pages 6. 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 as otherwise specifically provided in this Agreement, the No nd Security Instrument will remain unchanged, and the Borrower and Lender will-be bound by, and comply w h lOk and provisions thereof, as amended by this Agreement. e``‘ h/Ij"r Z 0 9 4 LENDER n v --i; ROWER(S) JUSTIN EIL O LEY Date: /O a l MELISSA HO Date: U [Space Below This Line For Acknowledgments] State of Nebraska County of Douglas WALTER R. HESS General Notary State of Nebraska My Commission Expires May 5. 2014 LOAN MODIFICATION AGREEMENT- Single Family- Fannie Mae Uniform Instrument 000018 BANK OF THE WEST By: i e e I L -"fir 3111e Joh Matuszeski Vice President Manager of M O`gag ervicing Date: Before me, a notary public in and for said county, personally appeared John A. Matuszeski, known to me to be the person who, as Vice President of Bank of the West, a California state banking corporation, which executed the foregoing instrument signed the same, and that he did so sign said instrument in the name and upon behalf of said corporation as such officer; that the same is his free act and eed as such authorized thereunto by its board of directors; and that the seal affixed to said instrument is the, corporate seal of said cor ,atisn In testimsny whereof, I have hereunto subscribed my name, and affixed my official seal, this day sf AV/ 2011. Notary Public otary IT.lic State of Wyoming County of y In L-- 0 County, on the a day O y of cJ e-�` 2011, before me personally appeared JUSTIN NEIL HOUSLEY AND MELISSA HOUSLEY to me know and known by me to be the party (or parties) executing the foregoing instrument, and (he and /or she) they acknowledged said instrument by him and or her executed to be their free act and deed. 03, l This document prepared by: Tom Mudloff Bank of the West 13505 California St NE- BBP -02-I Omaha, NE 68154 Form 3179 2/88 Page 2 of 2 pages Exhibit "A" THE IFOLLOWING DESCRIBED REAL PROPERTY, SITUATE IN LINCOLN COUNTY AND STATE OF WYOMING, TO WIT: A TRACT OF LAND BEING PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 26 NORTH, RANGE 1.12 WEST, LINCOLN COUNTY, WYOMIN• GENERALLY DESCRIBED AS FOLLOWS: COMMENCING AT `FHE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE .SOUTHWEST QUARTER FOUND AS DESCRIBED IN THE CORNER RECORD FILED IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY. THENCE WESTERLY, 210 FEET; THENCE SOUTHERLY, 230 FEET; THENCE. WESTERLY, 300 FEET TO THE NORTHWEST CORNER. OF THAT TRACT OF LAND OF RECORD IN SAID OFFICE IN BOOK 434 OF PHOTOSTATIC RECORDS ON PAGE 252, THE POINT OF BEGINNING. THENCE SOUTHERLY, 300 FEET ALONG THE WEST LINE OF SAID TR.ACT TO ITS SOUTHWEST CORNER; THENCE WESTERLY, 290.4 FEET; THENCE NORTHERLY, 300 FEET; THENCE EASTERLY, 290.4 FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENT, COVENANTS OIL, GAS OR MINERAL RIGHTS OF RECORD IF ANY. Bank of the West Loan Modification Agreement (Cure delinquency; step interest rate; adjust payments; extend maturity; CALIFORNIA) Revised 12/08 000019