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