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HomeMy WebLinkAbout904074 RECEIVED LINCOLN COUNTY CLERK OL: r~PT 25 F'~! [~: 3,5 Recording Requested by & When Recorded Return To: ~,_~ k~ 0 5 7,0.,~ P/~ i~.-.. ~- 0 7 ~ 2 US Recordings, Inc. ' ..... 2925 Country Drive Ste 201 St. Paul, MN 55117 NOTE AND MORTGAGE MODIFICATION AGREEMENT Loan Number: 3888601205 This Agreement is made as of August 1, 2004, between Community First National Bank, having its office at 801 Pine Avenue, Kemmerer, Wyoming (the "Bank") and William H. Miller, Jr. and Beverley Miller, husband and wife ("Mortgagor") residing at 310 College Lane, Rock Springs, WY 82901. RECITALS A. The Bank is the holder of a promissory note of William H. Miller, Jr. and Beverley Miller dated June 20, 2003 payable to the order of the Bank in the original principal amount of $157,600.00 ("Note"). The Note provides for principal and interest to be payable together in installments with a final balloon payment due and payable on August 1,2004. B. As of the date hereof, the unpaid principal balance of the Note is $130,936.62 C. To secure payment of the Note, the Mortgagors have made a mortgage to the Bank dated June 20, 2003, subjecting to the lien thereof certain real estate located in Lincoln County, Wyoming (the "Mortgage"), more particularly described as follows: Lot 63 of Commissary Ranch Unit A, Lincoln County, Wyoming as described on the official plat thereof. D. The Mortgage was filed for record on June 23, 2003, in the office of the County Recorders of the above named County as Document Number 891310 in Book 526, Page 005 and further modified by Note and Mortgage Modification Agreement dated March 11, 2004 as Document Number 898209 in Book 551, Page 377. · '-074°o E. The Bank is willing to restructure repayment of the indebtedness evidenced by the note in the manner set forth below. The proposed change, s are acceptable to the Mortgagor. The Mortgagor acknowledges that the Note and Mortgage are' legal and binding obligations of the person(s) who signed them, free of any claim defense or offset. Accordingly, in consideration of the premises and other good and valuable consideration, each paid to the other, the parties hereto agree as follows: 1. Effective as of the date hereof and until the Note is fully paid, the unpaid principal of the Note shall bear interest at an annual rate of 7.00%. 2. The unpaid principal baiance of the Note and interest thereon shall be paid by monthly interest payments on the outstanding Principal balance, beginning September 1, 2004 and on the 1~ day of each month thereafter until October 1, 2004, when the entire Principal balance then remaining unpaid and the accrued unpaid interest shall become due. 3. The Note and Mortgage are hereby deemed amended to the extent necessary to reflect the changes set forth in Paragraphs I and 2. No other amendments are made to the Note and Mortgage. Signed, sealed and delivered in triplication this 1st day of Augu~,,2004., / ~¢,/' ~~J William H. Miller, Jr,/l(4ortgagt~r-; B~verley Mill ort COMMUNITY FIRST NATi ~AL BANK By: ' ' Its: By: Its: STATE' OF COUNTY OF On this /f~ day of //~q A$-~ ";' ""-1 before me a Notary Public In , , il,'~-I and for said County and 8tats, persOffally appeared William H. Miller, Jr and Beverley Miller, husband and wife, known to me to be the person, wl'].o ¢~,'~-- described in and who executed the foregoing instrument and acknowledged to me that ~h~-.,,/ executed the same. STATE OF I COUNTY OF N ~t-a, ry&-b i lc" On this. ) ~'-H.~ day. of /~x..~ F-.~ ']- ,,, ), (.~("}' 'before me a .N6taw Public in and for said County and State, personally appeared~'V[;~iam H .......... ,,, ,=,,,~ ~,=v~,,,,=~, ............... ,,d and ;';ifc, known to me to be the person, wh p described in and who executed the foregoing instrument and acknowledged to me that ~h¢.., executed the same. ~Mary Lively, Loan Officer Ua1554933-OlC003 NOT£/MTG MOD RGR LORN# 3888801285