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HomeMy WebLinkAbout967674120875 After Recording Return To: Zions First National Bank, N.A. Attn: Shipping Department 7730 Union Park Avenue, Suite 350 Midvale, UT 84047 This Loan Modification Agreement (the "Agreement made and effective this 2nd day of October, 2012, between Zions First National Bank, N.A. "Lender and JASON THORNOCK and TRACY THORNOCK "Borrower modifies and amends certain terms of Borrower's indebtedness evidenced by (1) the Note (the "Note to Lender dated the 2nd day of October, 2012, in the original principal sum of U.S. $330,000.00 and secured by (2) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument and Rider(s), if any, dated the same date as the Note and recorded in Book 782 or Instrument Number /Liber 963515, at pages 356, of the County Records of Lincoln. The Security Instrument covers the real and personal property described in the Security Instrument and defined as the "Property", located at: 1000 POISEN CREEK ROAD, COKEVILLE WY 83114 [Property Address] the real property described being set forth as follows: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. In consideration of the mutual promises and agreements exchanged, Lender and Borrower agree as follows (notwithstanding anything to the contrary contained in the Note and Security Instrument): 1. Current Balance. As of October 3, 2012, the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance is U.S. $263,000.00. MULTISTATE LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate) Single Family Freddie Mac UNIFORM INSTRUMENT Form 5161 03/04 (page 1 of 4 pages) as a coi.ls:;sy IF THE LOAN MODIFICATION AGREEMENT MUST BE RECORDED, TWO ORIGINAL LOAN MODIFICATION AGREEMENTS MUST BE EXECUTED BY THE BORROWER: ONE ORIGINAL IS TO BE FILED WITH THE NOTE AND ONE ORIGINAL IS TO BE RECORDED IN THE LAND RECORDS WHERE THE SECURITY INSTRUMENT IS RECORDED 2. Interest Rate. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 3.625 beginning December 1, 2012, both before and after any default described in the Note. The yearly rate of 3.625% will remain in effect until principal and interest is paid in full. [Space Above This Line For Recording Data] LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate) 0010f. RECEIVED 10/30/2012 at 4:45 PM RECEIVING 967674 BOOK: 797 PAGE: 196 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 3. Monthly Payments and Maturity Date. Borrower promises to make monthly payments of principal and interest of U.S. $1,199.41, beginning on the 1st day of December, 2012, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on November 1, 2042, (the "Maturity Date Borrower still owes amounts under the Note and the Security Instrument, as amended by this Modification Agreement, the Borrower will pay these amounts in full on the Maturity Date. 4. Place of Payment. Borrower must make the monthly payments at 255 N Admiral Byrd Road Salt Lake City, UT 84116 or such other place as Lender may require. 5. Partial Payments. Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. Lender will use the prepayments to reduce the amount of principal that Borrower owes under the Note. However, Lender may apply the Prepayment to the accrued and unpaid interest on the prepayment amount before applying the prepayment to reduce the principal amount of the Note. If Borrower makes a partial prepayment, there will be no changes in the due dates or the amount of the monthly payments unless Lender agrees in writing to those changes. 6. Property Transfer. 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 given in accordance with Section 15 of the Security Instrument, 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 this Security Instrument without further notice or demand on Borrower. 7. Compliance with Covenants. 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. 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 where otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. MULTISTATE LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate) Single Family Freddie Mac UNIFORM INSTRUMENT Form 5161 03/04 (page 2 of 4 pages) 00197 In Witness Whereof, Lender and Borrower have executed this Agreement. Zions First National Bank, N.A. Name of Lender By: Michael E Hall Vice President (Seal) \1W.(7(Seal) ASON THORNOCK Borrower TRACY THO OCK Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower MULTISTATE LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate) Single Family Freddie Mac UNIFORM INSTRUMENT Form 5161 03/04 (page 3 of 4 pages) 00198 [Space Below This Line For Acknowledgment in Accordance with Laws of Jurisdiction] STATE OF 'Wyoming )SS. COUNTY OF i cohr I hereby certify that on this day, before me personally appeared JASON THORNOCK and TRACY THORNOCK, known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he /she /they executed the same for the purpose therein expressed. Witness my hand and official seal this day of NOTARY PUBLIC KURT T KOHFELD 578698 gtyCommissiofBobo April 30, 2013 STATE OF MAN STATE OF hiWg )SS. COUNTY OF jrj I hereby certify that on this day, before me Kelli Shaw (Notary), personally appeared, Michael E Hall, known to be the Vice President of the corporation named and that he /she /they acknowledged executing the same freely and voluntarily under authority duly vested in them by said corporation. Witness my hand and official seal this Zvb day of 6 gf) /Gi- KELU D SHAW Notary Public- State Of Utah My Commission Expires January 232014 COMMISSION #581509 Notary Public Residing at: My Commission Expires: Notary Public Residing at: My Commission Expires: o MULTISTATE LOAN MODIFICATION AGREEMENT (To a Fixed Interest Rate) Single Family Freddie Mac UNIFORM INSTRUMENT Form 5161 03/04 (page 4 of 4 pages) 00199 EXHIBIT "A". 00200 That part of Section 1, Township 24 North, Range 120 West, and Section 6, Township 24 North, Range 119 West, including part of GLO Tract 86 of said Township 24 North, Range 119 West and Range 120 West, Lincoln County, Wyoming, described as follows: BEGINNiNG on the West line of said Section 6, North 00 °34'50" East, 235 feet, of the closing corner on the West line of said Section 6 and the South line of said Tract 86; thence West,235 feet; thence North, 470 feet; thence East, 470 feet; thence South 470 feet; thence West, 235 feet to the BE1NNING. TOGETIIER WITH A right of ingress and egress and utilities along the following described roadway known as the Cokeville Gravel Pit Road: A strip of land 60 feet in width being part of Tract 121 and Tract 85 within Sections 6 and 7, Lot 22 within Section 7 and Lot 50 within Section 6, Township 24 North, Range 119 West, the South Half of the Southeast Quarter of Section 1 and the North Half of the Northeast Quarter of said Section 12, Township 24 North, Range 120 West, Lincoln County, Wyoming, with the center -line described as follows: I3EGINNING at Station 5 +86.45 on the South line of said Tract 121, North 88 45.5' West, 48.08 feet from Corner No. 2 of said Tract 121; thence coursing said roadway as follows: North 50 °19' West, 11192 feet to Station 7 +00.37; North 36 °28' West, 673.65 feet to Station 13 +74.02; North 51 °54' East, 394.90 feet, to Station 17 +68.92; North 38 °15' West, 304.30 feet, to Station 20 +73.22; North 54 °17' West, 368.84 feet, to Station 24+42.06 on the West line of said Tract 121, South 00 °50' East, 78.75 feet, from Corner No. 4 of said Tract 121; Continuing North 54 17' West, 77.45 feet, to Station 25 +19.51; North 25 °47.5' West, 35.40 feet, to Station 25 +54.91 on the South line of said Tract 85, South 88 °43' West, 77.00 feet, from said Corner No. 4 identical with Corner No. 6 of said Tract 85; Continuing North 25 °47.5' West, 976.85 feet, to Station 35 +31.76; North 34 °12.5' West, 479.23 feet, to Station 40 +10.99; North 14 °29.5' West, 111.40 feet, to Station 41 +22.39; North 54 °07' West, 128.68 feet, to Station 42 +51.07; North 41 °57' West, 220.86 feet, to Station 44 +71.93; North 45 34.5' West, 170.35 feet, to Station 46 +42.28; North 55 64.5' West, 254.07 feet, to Station 48 +06.35; North 76 10.5' West, 254.07 feet, to Station 51 +50.42; North 86 °22.5' West, 439.10 feet, to Station 55 +89.52 on the West line of said Section 6, North 562.8 feet, from the Southwest corner of said Section 6; all in accordance with the plat of said Cokeville Gravel Pit Road filed in the said Office, AND EXHIBIT "A." C ON\ nutcf 00201 TOGETHER with a right of ingress and egress and utilities along the following described roadway; A strip of land 60 feet in width within GLO Lot 50 of said Section 6 and said Tract 86 with the West line described as follows: BEGINNING at a Station 55 +89.52 off said Gravel Pit roadway on the West line of said Section 6, North 562 8 feet, from the Southwest corner of said Section 6 found as described in the Certified Land Corner Recordation Certificate file in the said Office; thence North 00 °34'50" East, 1001 feet, more or less, along said West line to the South line of the above described tract; AND TOGETHER with a right of ingress and egress and utilities along the following described roadway: That part of Tract No. 71 of Township 24 North, Range 119 West, Lincoln County, Wyoming described as follows: BEGINNING at Corner No. 5 of said Tract No. 71, identical with Corner No. 4 of Tract No. 70 and Corner No. 2 of Tract No. 121; thence East 60 feet, along Line 5 -4 of said Tract No. 71; thence North 00 °44' West, 60 feet, along a line parallel with Lint 5 -6 of said Tract No. 71; thence West, 60 feet, along a line parallel with said Line 5 -4 to said Line 5 -6; thence South 00 °44' East, 60 feet, along said Line 5 -6 line to the CORNER OF BEGINNING; AND TOGETHER with a right of ingress and egress and utilities along the following described roadway: A strip of land 60 feet in width being a part of Tract No. 70 of Township 24 North, Range, 119 West, Lincoln County, Wyoming with the center -line described as follows: BEGINNING at a point within the bounds of the C23.5 East, 1039.76 feet from Corner No. 3 of said Tract 70; thence North 65 °54' West, 179.99 feet; thence North 31 °16' West, 336.78 feet to an intersection with the West line of said Tract No. 70, South 00 °50' East, 48.66 feet from Corner No. 4 of said Tract No. 70; all in accordance with the above referenced plat for the Cokeville Gravel Pit Road (not a County Road); AND The West 60 feet of the North 100 feet of said Tract 70.