HomeMy WebLinkAbout973023RECORDING REQUESTED BY:
Chevron Federal Credit Union
Return To: File #34/0/73
TranStar National Title
2201 W Plano Pkwy, Ste 152
Plano, TX 75075
[Space Above This Line For Recording Data]
LOAN MODIFICATION AGREEMENT
(Providing for Fixed Interest Rate)
RECEIVED 8/30/2013 at 3:24 PM
RECEIVING 973023
BOOK: 819 PAGE: 397
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
This Loan Modification Agreement "Agreement made this 29 day of July 2013, between Wayne S.
Cook and Deborah J. Cook (Borrower and Chevron Federal Credit Union "Lender amends and
supplements (1) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument dated July 15,
2010 and recorded in Instrument #954668 of the Official Records of the County of Lincoln 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
251 Legion Park Lane, Cokeville, Wyoming 83114
(Property Address)
the real property described being set forth as follows:
See Exhibit "A"
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 July 29, 2013 the amount payable under the Note and the Security Instrument (the "Unpaid Principal
Balance is U.S. $270,795.95 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 at the yearly rate of 2.750 from August 1, 2013. Borrower
promises to make monthly payments of principal and interest of U.S. $2,209.98 beginning on the 1st day of
September 2013, and continuing thereafter on the same day of each succeeding month until principal and
interest are paid in full. The yearly rate of 2.750% will remain in effect until principal and interest are paid
in full. If on August 1, 2025 (the "Maturity Date Borrower still owes amounts under the Note and the
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.
LOAN MODIFICATION AGREEMENT —Single Family— Chevron Federal Credit Union 03/08 (rev. 7/10) (page 1 of 3)
0397
(e)
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.
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; 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.
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) Borrower has no right of set -off or counterclaim, or any defense to the obligations of the Note or
Security Instrument.
(d) 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.
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.
(f) 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.
LOAN MODIFICATION AGREEMENT —Single Family Chevron Federal Credit Union 03/08 (rev. 7/10) (page 2 of 3)
0398
COGGINS
By AVP, REAL ESTATE SERVICING
CHEVRON FEDERAL CREDIT UNION
(Seal)
Lender
WAYNE S. COOK
[Space Below This Line For Acknowledgments]
(Seal)
Borrower
(Seal)
Borrower
LOAN MODIFICATION AGREEMENT Single Family— Chevron Federal Credit Union 03/08 (rev. 7/10) (page 3 of 3)
039
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
CIVIL CODE 1189
State of California
County of l46vW&O.
On Ar )bu aO tX 13
Date
personally appeared b ■o .o
KERI MCCORMICK
Commission 1916360
{e Notary Public Californ
z
Alameda County
My es f)e: 10, 2014
Place Notary Seal Above
U ir1 S"
Signer Is Representing:
��^YY�Q"- W'^�'Y�0'�0"^ N+��rarv✓ �tirr�r�n� —y
before me, ft k PtJ We r°
Here Insert Name anci of the Officer
Name 00 of Signerk7
who 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 the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature:
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document at/
P y OMAAA Document Date: ,o 1�
Number of Pages: 3 (-(ttreel Signer(s) Other Than Named Above: ItiouS. C) 0 avid, t2bora
E
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer Title(s): Corporate Officer Title(s):
Partner Limited General Partner Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
Other: Other:
Signer Is Representing:
2013 National Notary Association www.NationalNotary.org 1- 800 -US NOTARY (1- 800 876 -6827) Item #5907
0400
All Purpose Acknowledgement
State of CJ 1 o"; n�
County of L,,,,
On 8-1(D- oho( 3
(date)
personally appeared, �J
personally known to me OR
JOSELYN M. HARMON
Notary Public
Lincoln County
Wyoming
My Commission Expires
(seal)
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
Individual
Corporation Officer
title(s)
Partner(s)
Attorney -In -Fact
Trustee(s)
Guardian /Conservator
Other:
SIGNER IS REPRESENTING:
Name of Person(s) OR Entity(ies)
before me, (aS CO d b ?-61.0 a e
(notary)
(signers)
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 the entity upon behalf of
which the person(s) acted, executed the instrument
WI NESS my hand and offici I seal
OPTIONAL INFORMATION
(notary signature)
The information below is not required by law. However, it could prevent fraudulent attachment of this
acknowledgement to an unauthorized document.
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Right Thumbprint
of Signer
(if required)
Number of Pages
Date of Document
Other
0_,6
0401
EXHIBIT A
All that certain parcel of land situate in the City of Moran, County of Lincoln and State of
Wyoming bounded and described as follows:
That part of Tract No. 104, T24N, RI 19W, Lincoln County, Wyoming, described as follows:
BEGINNING at Corner No. 3 of said Tract No. 104;
thence N00 °38'15 "E, 400.00 feet, along the west line of said Tract No. 104 to a point;
thence S88 °50'35 600.00 feet, along a line parallel with the south line of said Tract No. 104 to a
point;
thence S00 °38'15 "W, 400.00 feet, along a line paretic' with the said west line to a point on said
south line;
thence N88 °50'35 "W, 600.00 feet, along the south line of said Tract No. 104 to the CORNER OF
BEGINNING;
ENCOMPASSING an area of 5.51 acres, more or less;
SUBJECT to a sixty (60) foot wide easement for Legion Park Lane;
Tax id #:2419- 042 000 -7300
ACCOMMODATION
RECORDING
ONLY
0402