HomeMy WebLinkAbout969216G
ecord Return T
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Attenti
3451 Ha
Wate oo, IA 5
LLC
ss Mitigation
d Avenue
In stor Number:201 20
ustodian ID: Al
'this dacu:aeat was premed Ihv 1TIAC 1714rtga iS
014S1 .D0C0 I so I
When Recorded Mail To:
Financial Dimensions, Inc.
1400 Lebanon Church Road
Pittsburgh, PA 15236
Space Above This Line For Recorder's Use]
NON -HAMP LOAN MODIFICATION AGREEMENT
005 ,ro
RECEIVED 1/29/2013 at 4:32 PM
RECEIVING 969216
BOOK: 803 PAGE: 516
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
NNekmw—
1p d11t1e
Company
SINCE 194.
This Loan Modification Agreement "Agreement made this April 1, 2011 "Effective Date
between JASON F CONLEY "Borrower and GMAC Mortgage, LLC, Lender \Servicer or
Agent for Lender \Servicer, Mortgage Electronic Registration Systems, Inc. (Mortgagee) amends and
supplements (1) the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument dated
3/24/2009 and granted or assigned to Mortgage Electronic Registration Systems, Inc. as mortgagee of
record (solely as nominee for Lender \Servicer or Agent for Lender \Servicer), P.O Box 2026, Flint,
Michigan 48501 -2026, (888) 679 -MERS, and if applicable, recorded with Instrument Number in Book
and /or Page Number of the real property records of LINCOLN County, WY and (2) that certain
promissory note "Note dated 3/24/2009 in the original principal sum of Two Hundred Eight
Thousand Two Hundred Eighty Three Dollars and No Cents 208,283.00) executed by Borrower.
Said Security Instrument covers the real and personal property described in such Security Instrument (the
"Property located at 176 E 7TH AVE AFTON WY 83110, which real property is more particularly
described as follows: pig Uo ()e •4k 9 4 (o 3 5 �l p K (6a$
Legal Description if Applicable for Recording Only
Borrower acknowledges that "Lender" is the legal holder and the owner, or agent \servicer for the
legal holder and owner, of the Note and Security Instrument and further acknowledges that if "Lender"
transfers the Note, as amended by this Agreement, the transferee shall be the "Lender" as defined in this
Agreement
Borrower has requested, and Lender has agreed, to extend or rearrange the time and manner of
payment of the Note and to extend and carry forward the lien(s) on the Property whether or not created by
the Security Instrument.
Now, therefore, in consideration of the mutual promises and agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
intending to be legally bound, the parties hereto agree as follows (notwithstanding anything to the
contrary contained in the Note or Security Instrument):
1. Borrower acknowledges that as of the Effective Date, the amount payable under the Note and
Security Instrument (New Principal Balance) is Two Hundred Fourteen Thousand Two Hundred
Sixty Five Dollars and Five Cents 214,265.05).
2. The Maturity Date is April 1, 2041.
3. Borrower hereby renews and extends such indebtedness and promises to pay jointly and severally
to the order of Lender the Principal Balance, consisting of the amount(s) loaned to Borrower by
Lender and any accrued but unpaid interest capitalized to date as applicable, along with any other
amounts that may come due under the terms of the original Note and Security Instrument
4. Interest will be charged on the unpaid, non deferred, `New Principal Balance" until the non
deferred principal has been paid in full. Borrower promises to pay interest at the rate of 4.25000%
from April 1, 2011 until I payoff my loan at the time when I sell or transfer any interest in my
home, refinance the loan, or when the last scheduled payment is due. The rate of interest I pay will
change based upon Payment Schedule below.
5. Borrower promises to make monthly principal and interest payments of $1,054.06, beginning on
5/1/2011, and continuing thereafter on the same day of each succeeding month, until all principal
and interest is paid in full. The amounts indicated in this paragraph do not include any required
escrow payments for items such as hazard insurance or property taxes; if such escrow payments are
required the monthly payments will be higher and may change as the amounts required for escrow
items change.
6. If on April 1, 2041 (the "Maturity Date Borrower still owes any amounts under the Note and
Security Instrument, including any "Deferred Principal Balance as provided for in this
Agreement, Borrower will pay these amounts in full on that date. Borrower will make such
payments at 3451 Hammond Avenue, Waterloo, Iowa, 50702 or at such other place as Lender may
require.
7. If "Lender" has not received the full amount of any monthly payment within the grace period
provided for in the original Note or as otherwise provided for by law, Borrower will pay a late
payment fee to "Lender" in an amount calculated based on the late charge percentage provided for
in the original Note, or as otherwise provided for by law, and the monthly payment required under
this Agreement, with a maximum as provided for in the Note, or otherwise provided by law.
Borrower will pay this late charge promptly but only once on each late payment. The late charge is
not in lieu of any other remedy of Lender, including any default remedy.
00
8. It is the intention of the parties that all liens and security interests described in the Security
Instrument are hereby renewed and extended (if the Maturity Date of the original Note has been
changed) until the indebtedness evidenced by the Note and this Agreement has been fully paid.
Lender and Borrower acknowledge and agree that such renewal, amendment, modification,
rearrangement or extension (if applicable) shall in no manner affect or impair the Note or liens and
security interests securing same, the purpose of this Agreement being simply to modify, amend
rearrange or extend (if applicable) the time and the manner of payment of the Note and
indebtedness evidenced thereby, and to carry forward all liens and security interests securing the
Note, which are expressly acknowledged by Borrower to be valid and subsisting, and in full force
and effect so as to fully secure the payment of the Note.
9. If all or any part of the Property or any interest in it 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, at its option, require immediate payment in full of all sums secured
by the Security Instrument. However, this option shall not be exercised by Lender if such exercise
is prohibited by applicable law. 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 this 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. For purposes of this paragraph, "interest in the Property" means any legal or beneficial
interest in the Property, including, but not limited to, those beneficial interests transferred in a bond
for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is
transfer of title by Borrower at a future date to a purchaser.
10. As amended hereby, the provisions of the Note and Security Instrument shall continue in full force
and effect, and the Borrower acknowledges and reaffirms Borrower's liability to Lender
thereunder. In the event of any inconsistency between this Agreement and the terms of the Note
and Security Instrument, this Agreement shall govern. 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 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, including but not limited to,
in the case of the Borrower, the obligation to pay items such as taxes, insurance premiums or
escrow items, as applicable. Any default by Borrower in the performance of its obligations herein
contained shall constitute a default under the Note and Security Instrument, and shall allow Lender
to exercise all of its remedies set forth in said Security Instrument.
11. Lender does not, by its execution of this Agreement, waive any rights it may have against any
person not a party hereto. This Agreement may be executed in multiple counterparts, each of which
shall constitute an original instrument, but all of which shall constitute one and the same
Agreement.
Executed effective as of the day and year first above written.
N/
N F CONLEY
Date
Date
Date
Date
05V.)
EACH OF THE BORROWER AND THE LENDER ACKNOWLEDGE THAT NO
REPRESENTATIONS, AGREEMENTS OR PROMISES WERE MADE BY THE OTHER
PARTY OR ANY OF ITS REPRESENTATIVES OTHER THAN THOSE
REPRESENTATIONS, AGREEMENTS OR PROMISES SPECIFICALLY CONTAINED
HEREIN. THIS AGREEMENT, AND THE NOTE AND SECURITY INSTRUMENT (AS
AMENDED HEREBY) SETS FORTH THE ENTIRE UNDERSTANDING BETWEEN THE
PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES.
BORROWER ACKNO% LEDGMENT
State of
County of /1 p
On (Y "�6/(, before me personally appeared JASON F
CONLEY ersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s),
or entity upon behalf of which the person(s) acted, executed the instrument.
DENISE M. STARK
COUNTY OF
TETON ,1
NOTARY PUBLIC
STATE OF
WYOMING
MY COMMISSION EXPIRES DECEMBER 10, 2012
Witn
my hand and official seal
Notary Public
My Commission Expires:/ f
005 O
Mortga
By:
Date:
ctronic Regi tration Syste` Inc as nominee for Lender
—�(XOiI2f
Authorized O cer
L-1301
LENDER ACKNOWLEDGMENT
State of IOWA
County of L i NA
On this A day of 20 I before me, the undersigned, a Notary Public in and for said county and
state, personally appeare I SSA personally known to me or identified to my satisfaction to
be the person who executed the within instrument as Authorized Officer of Mortgage Electronic Registration
Systems, Inc as nominee for Lender and they duly acknowledged that said instrument is the act and deed of said
entity, and that they, being authorized to do so, executed and delivered said instrument for the purposes therein
contained.
IC
W A
BETTY R. WEAVER
COMMISSION NO 765873
a MY COMMISSION EXPIRES
DECEMBER 14, 2013
Witness my hand and official seal.
Notary Public
My Commission Expires:
taentirier:ueuizvalul uoc •iype:rrrcsx
Form No. 3301 (6/00)
Short Form Commitment, EAGLE
SUPER EAGLE
APN 32183120307100
A
1
Exhibit "A"
The land referred to in this policy is situated in the STATE OF WYOMING, COUNTY OF
LINCOLN, CITY OF AFTON, and described as follows:
A PORTION OF THE NW 1 /4NW 1/4 OF SECTION 31, TOWNSHIP 32 NORTH RANGE 118 WEST OF THE
6TH P.M., LINCOLN COUNTY, WYOMING, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 8.8 FEET EAST FROM THE NORTHWEST CORNER OF LOT 8 OF
THE PROPOSED ADDITION TO THE AFTON TOWNSITE, WHICH LOT CORNER IS LOCATED AT A
POINT SOUTH 44 °40' EAST, 1200 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 31 AND
RUNNING THENCE SOUTH 2 °12' WEST, 148.5 FEET; THENCE NORTH 88 °42' EAST, 83.7 FEET;
THENCE NORTH 1 °40' EAST, 147.5 FEET; THENCE NORTH 89 54' WEST, 82.5 FEET TO THE POINT OF
BEGINNING.
ALSO A PORTION OF THE NW1 /4NW1 /4 OF SECTION 31, TOWNSHIP 32 NORTH RANGE 118 WEST
OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT WHICH IS SOUTH 44 °40' EAST, 1200 FEET FROM THE NORTHWEST
CORNER OF SAID SECTION 31 AND RUNNING THENCE NORTH 89 °54' WEST, 8 FEET; THENCE
SOUTH 2 °12' WEST, 148.5 FEET; THENCE NORTH 88 °42' EAST, 16.5 FEET; THENCE NORTH 2 °12'
EAST, 148.5 FEET; THENCE NORTH 89 54' WEST, 8.5 FEET TO THE POINT OF BEGINNING.
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4 1J03422623
5667 1/17/2013 7833381'i
ORDER NO: 5943375
FILE NO: 40006645
LENDER REF: 000687206101
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