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L I WHEN RECORDED MAIL TO: 89-- o 10055'7 THUNDERBIRD BANK C /L -94 — JAN #5644 ONE EAST CAMELBAC2K ROAD THUNDERBIRD BMK PHOENIX, AZ 81MEMENT MODIFYING NOTE AND MORTGAGE OR DEED OF TRUST THIS AGREEMENT, made at Phoenix. Arizona, this 7th day of December ,19 88 , by and between T_HLtumRRRTRD RANK an Arizona corppooration hereinafter called "First Party ", ands LIBMAN AND BARRY LIBMAN, her husband and ADRIENNE LIBMAN and MICHAEL, LIBMAN, her husband 9ie e1 a�e call% ec0n Nr ev°. JOAN PELTZ an FELTZ, her husband W ITNESSETH: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF FOR LEGAL DESCRIPTION WHEREAS. First Patty is the owner and holder of a certain promissory note secured by vial certain Mortgage or Deed of Trust recorded in the office of the HALL County RecorAr�r Docket 8 —100069 at pageJMFy 6tRereo9188 d thereafter assigned to . N/A on N/A , i g N A in Docket N/ . pwge N A of said County:' AND WHEREAS, Second Pity IS the owner of the real property described in said Mortgage or Deed of Trust, subject to kwd Mortgage or Deed of Trust. and is originally obligated to pay or has assumed and agreed to pay or by these presents does assume and agree to pay (as the case may be), the note and Mortgage ur Deed of Trust he,ein wtom mentioned, and to perform all 01 the other covenants and agreements contur:ed therein. AND WHEREAS, it is the desire of the parties herein to modify the terms of payment of said note and Mortgage or DeW of Trust in the manner hereinafter set forth. NOW. THEREFORE, it is mutually agreed as follows: t. That as of the date hereof tRere is a balance on said note in the principal sum Of SEVENTY —FIVE THO115AN AND NO/ 100 - - DOLLARS (S 15.000.00 _- ), %firth interest pad to the _ZLh - day of RACIgmher 19 2. That said note and Mortgage or Deed of Trust are hereby modified so as to provide that the above present unpaid principal balance. plus interest at the rate of 3SUfiDERB AD BANK'S F'f UCIIIeTING PRIME PLUS 2-502 perannum, ghallbedueandpavableasfollows:. TNF- D TF OF MATITRTTY TR MnnTPTRD_FROH DECEMBER_ - 1988 TO DECEMBER 7, 1989. & Except as hereby modified. said note and Mortgage or Deed of Trust Shan continue in full force and effect: and that the lien of said Mortgage or Deed of Trust shall be and is hereby preserved as a first and pararnatunt lien upon the premises therein described as of its date of execution• and recording. and all other terms, caio.trons and covenants set forth in said rcte and Mortgage or Deed of Trust, including but not limited to, First Party's i!atrt of acceleration and monthly payments. tot reserve for taxes. insurance arid: cthef impounds. are hereby ratified, approved and confirmed. elf rip }SIG9TNESS WHEREOF. the parties hereto have execute& or caused to be executed, these presents the day and year!.first ab a written. � l:nluWA LdIDFULN Dtuu�s THUNDERBIRD BANK First Party "0 C -Seconc� Pa ,Lrul AD IEME 11 by. f �! i Title: VICE PRESIDRNT JONI PEiTP a %k /a JOAN PELTZ ELTZ STATE OF ARIZONA STATE OF ARIZONA �ss. COUNTY OF Maricopa On Jaauary23 t9 Sg before me. the undersigned.Iz Notary PUUc in and lot said County and State, personally appeared.... PAUL V. BRODT and known to me to be the VICE President, and the N/A Secretary of the corporation that executed the within instrument, and also known to me to be the person(s) who executed it on behalf of such cor- poration, and acknowledged to me that such corporation executed the same and further acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WIT NESS my hand aia :dl seat. (Seal) Ktat i r a said County and State ' r Said s:yd 18. 1Jw My CominrssrortVx ryes SS. COUNTY OF Mari Cons On Y s9 89 bcf&e, me, nthe undersigned, a Notary Public rn and for sa ;d County and Stare; personally appeared CARMEN LIBMAN AND • BARRY LISMAN AND ADRIENNE LIBMAN AND MICHAEL LIBMAN AND JONI PELTZ a /k /a JOAN PELTZ AND..A3LEX PELTZ known to me to be the person 9 whose nameq are subscribed to the within instrument and acknowledged that they executed the same WITNESS my -hand and official seat (Seal) ' OOtary Pub rc r an r said County and State My CgfugisMon Expires r'ly emission Cxpites Sept. 18, 1991 ir�r:Y ti j� jy n