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Recording Requested By:
Wells Fargo Bank, N.A.
Prepared By:
GINA B HILL
SPS
11601 N BLACK CANYON HWY
PHOENIX, AZ 85309
866-537-8489
After Recordingpleaseremrnto:
Wells Fargo Bank, N.A.
DOCUMENT MANAGEMENT
P. O. BOX 31557
BILLINGS, MT 59107
APN/TaxD#33193430008gO0
RECEIVED 7~29/2005 at 11:00 AM
RECEIVING ti 910402
BOOK: 592 PAGE: 594
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
State of WYO~qlNG .{Space Above This Line For Recording Data}
Reference#: 20051547400050 Account#: 0654-654 -4293851-1998
Document #: 8 9 8 3 9 7
MORTGAGE MODIFICATION AGREEMENT
This Modfficationis made this 24th ~yof June 2005 between
Wells Fargo Bank, N.A. (me"Bank")
and SAMUEL B DRANEY
Name(s) ofbo~ower(s) (me "Borrower")
and JANET K DRANEY
and
Name(s) of borrower(s) (the "Borrower")
and
Name(s) of borrower(s) (the "Borrower")
and
Name(s) ofbo~ower(s)(me"Borrower')
and
Name(s) of borrower(s) (the "Borrower")
Name(s) of borrower(s) (me "Borrower")
and SAMUEL B DRANEY
Name(s) of mortgagor(s)/trustor(s) (the "Mortgagor")
residingat 1001 STUMP CREEK RD AUBURN, WY, 83111
and JANET K DRANEY
Address
and
Name(s) of mortgagor(s)/trustor(s) (me "Mortgagor")
and
Name(s) of mortgagor(s)/trustor(s) (me "Mortgagor")
Name(s) of mortgagor(s)/trustor(s) (me "Mortgagor")
Name(s) of mortgagor(s)/trustor(s) (me "Mortgagor")
and
and
Name(s) of mortgagor(s)/trustor(s) (the "Mortgagor")
EQ360A (6/2005)
09 040 ,00
modifies an original Mortgage (i) dated 03 / 18 ! 2004 (together with any modifications to it made prior to the date
of this Modification), (ii) which was executed to secure a hattie equity line of credit agreement ("Line of Credit")
dated 03 / 16 / 2004 , in the original maximum principal amount of $ 51,000. O0 with a
maturity date of 0311612044 , and payable to the order of We l Is Fargo Bank, N.A. (iii)
which is recorded in Book/Roll 552 at page(s) 6 B of
the COUNTY of L INCOLN County, State of WYOMING
as document No. 89839-/ , (iv) in connection with the filing of which, a mortgage registry tax
was paid to the Treasurer of said COUNTY in the amount of $ N/A onNIA
and that Treasurer has placed tis or her stamp on the Mortgage, said stamp bearing the number N ! A
and (v) which affects the rights with respect to the collateral defined therein as the "Property" which is located at
1001 STUMP CREEK RD AUBURN, WY 83111
and is described as follows:
SEE ATTACHED EXHIBIT
33193430008900
This Modification further modifies the Line of Credit to reflect certain changes to the Borrower's revolving Line of
Credit with the Lender that is secured by the Mortgage and the Borrower/Co-Grantor acknowledge that the Line of
Credit and Mortgage are valid and enforceable and represent the Borrower's/Co-Grantor's legal and binding
obligations, free and clear of any cla/m, defense or offset.
Agreement
Accordingly, in bonsideration of the premises and other good and valuable consideration, each paid to the other, the
parties to this Modification agree to as follows:
Change in Credit Limit. The Borrower/Co-Grantor hereby agrees that the max/mum available principal
amount of the Line of Credit is now $ -71,000.00 and that the lien of the Mortgage shall
secure the L~e of Credit up to that amount as it is advanced and outstanding from time to time.
Each reference in the Mortgage to the maximum amount of the line of credit is hereby amended to the
extent necessary to reflect the increased maximum amount of the line of credit. Each reference in the
Mortgage to the "Line of Credit" shall be deemed on and after the date of this Modification to refer to the
Line of Credit as it is now amended by the Modification, together with any furore extensions,
modifications, or renewals thereof. The lien of this Mortgage shall continue to secure the revolving Line of
Credit, which is now evidenced by the modified Line of Credit.
Extension of Maturity Date. The Borrower hereby agrees that the revolving Line of Credit will terminate
and the entire unpaid principal balance outstanding on the Line of Credit, together with any unpaid finance
charges and other charges, will be due and payable in full on N/A . Until such date, the
Borrower agrees to make the monthly payments as disclosed in the Line of Credit.
ce Charge/Margin. The Borrower hereby agrees that the daily periodic rate will be [~ increased
decreased to 1/365 or 1/366 during leap years of N / A % over the "Index Rate" which is
sed in the Line of Credit.
EQ360B (6/2005)
,..00598
Rescission. The Borrower/Co-Grantor has exercised ,their right to rescind any use of the Line of Credit for
purposes other than to purchase the Property. Therefore, the Mortgage and Line of Credit are hereby
modified to close the Line of Credit, to limit the "Secured Debt" to $ N / A as it relates
to the Line of Credit and to delete all Riders attached to the Mortgage as they may relate to an open-end
line of credit.
The following terms and conditions apply regardless of which boxes are checked above:
All original terms and conditions of the Line of Credit and Mortgage (including any previous modifications) remain
in full force and effect, except as modified by this Modification, and the Borrower/Co-Grantor agrees to be bound
by and to perform all of the covenants and agreements in the Line of Credit and Mortgage at the time and in the
manner therein provided.
The Borrower agrees to pay or reimburse the Lender for any and all fees payable to public officials in connection
with th/s Modification, and the recording hereof, including any Mortgage registry tax that may be due.
This Modification does not increase or extend any revolving credit insurance Borrower purchased in connection
with the Line of Credit. Credit insurance means credit life, credit accident and health and/or credit disability
insurance.
The Borrower agrees that the Lender may make certain changes to the terms of the Line of Credit at specified times
or upon the occurrence of specified events. The Lender may make insignificant changes, such as changes in the
address for payments, billing cycle dates, payment due dates, day of the month on which index values are
determined, index or interest rate rounding rules, and balance computation method (if the change produces an
insignificant difference in the interest the Borrower will pay). The Lender also may make changes that will benefit
the Borrower, such as additional options or a temporary reduction in rotes or fees. In accordance with federal law,
the Lender also may change the index and margin the Lender uses to determine the annual percentage rote if that
index is no longer available. The Lender can make any of these changes discussed above without the Borrower's
consem, unless state law provides otherwise. The Lender will give the Borrower notice of any change that is
required by law. The Lender also can make changes that the Lender and Borrower agree to in writing.
Co-Grantor Li~bility. Any party that signs below as a "Co-grantor" did not execute the Line of Credit but signs to
grant and convey, under the terms of the Mortgage, such interest as that party may have in the Property. Such party
is not personally obligated to pay the debt evidenced by the Line of Credit and this Modification and secured by the
Mortgage (as renewed, extended, and amended hereby), and agrees that Lender and Borrower may agree to extend,
modify, forbear or make any accommodations with regard to such debt or the Mortgage (as renewed, extended, and
amended hereby) without such party's consent.
NOTICE TO CONSUMER
(For purposes of this notice, "Consumer" and 'T' refer to the Mortgagor)
THIS IS A CONSUMER CREDIT TRANCSACTION.
I understand that:
· I should not sign this agreement before I read the entire document, even if otherwise advised.
· I should not sign this if it contains any blank spaces.
I am entitled to an exact copy of this and any other agreement I sign.
· I have the right to prepay the unpaid balance due under this agreement at any time without penalty; and I may
be entitle to receive a refund of unearned charges in accordance with the law.
EQ360C (6/2005)
00597
IN WITNESS WHEREOF, the Borrower/Co-Grantor and Lender have executed this Amendment as of the day and
year first above written.
Wells Fargo Bank, N.A,
Name of Bank
By:
ITS
SAMUEL B DRANEV
Moj1gagor/Tmstor
JAi'#ET K DRANE¥ [J
Moi'tgagorFFmstor
MortgagorFFmstor
Mortgagor/Tmstor
Mortgagor/Trustor
SAMUEL B DRANE~'
B/ore,wet
Bo~ower
Bogower
Bo~ower
Bogower
.{Acknowledgements on Following Pages
EQ360D (6~2005)
IN WITNESS WHEREOF, the Borrower/Co-Grantor and Leader have executed this Amendment as of the day and
year first above written.
Wells Fargo Bank,
Nam~Bank
ITS
SAMUEL B DRANEY
Mortgagor/Tmstor
JANET K DRANEY
Mortgagor/Tmstor
Mortgagor/Tmstor
MortgagorFl'rustor
Mortgagor/Tmstor
Mortgagor/Tmstor
SAMUEL B DRANEY
Borrower
JANET K DRANEY
Borrower
Borrower
Borrower
Borrower
Borrower
.{Acknowledgements on Following Pages.
EQ360D (6~2005)
00599
ACKNOW~Lz,E,I~GMENT (All-Purpose):
STATE~ OF'-~fl-/J ..~ , COUNTY OF-i) -TA_ io j-w%_~ } ss.
On ~.m c ~ 7~ ~ ~ before me, ~e ~dersi~el a Nota~ ~blic in ~d for s~d State,
personflly a~e~ed
~personflly~om to me ~: 7&~*~{- ~ proved to me on ~e basis of sahsfacto~ e~dence/to be
me
person(s) whose nme(s) is/~e subscribed to ~e wi~ ~ent ~d ac~owledged to me ~at he/she/~ey
executed ~e same in hs~er/~ek au~ofized capaciW(ies), ~d ~t by hs~er/~ek silage(s) on ~e ~s~ent
~e person(s), or ~e enfiW upon be~ of w~ch ~e person(s) acted, executed ~e ~s~ent.
I
My Co~ssion expkes: ~ Q ~0 ~
BEVERLY JOHNSON- NOTARY PUBLIC
: COUNTY OF ~ STATE OF
LINCOLN ~ WYOMING
MY COMM,SS,ON EXPIRES MARCH 29 2009
(Seal)
ACKNOWLEDGMENT (All-Purpose):
STATE2OF *~fJ~.)lA , COU'N75z OF /._] "~LtLO/~ } ss.
On--~!'.~e ~ ~ ~,'7/ ~,¢qO~~ before me, the undersigned, a Notary Public in and for said State,
person_ally appeared
~ personally knowh to m'~ -Oil- ] [] proved to me on the basis of satisfacto~ evidence/to be
the person(s) whose name(s) is/are subscribed to the within instalment and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his&er/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Name: . ..,_,.-fD ? l/P.~, l-z4
(type~oi' printdd7 ] '
My Coinmission expires: ....
COUNT¥OF ~ S-TA-T.E...O.F--
LINCOLN ~ ~O~'NG__
~t MY COMMISSION EXPIRES MARCH 29, 2009
~, ........... 2-- -- - -~*-~-~"'"~--~
(Seal)
EQ360F (6/2005)
FOR NOTARIZATION OF BANK PERSONNEL
ACKNOWLEI~;I~IENT (fi]l-Purpose):
STATE QF U\II~
per ° ' V33g-C.
· COUNTY OF } ss.
before me, the undersigned, a Notary Public in and for said State,
c~ personally me proved to me on satisfactory evidence/to be
known
td
the
basis
of
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(les), 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.
WITNESS my/~d and~g~,q~ s?.t0
Signature: ~ ~ y~I4J]_~.2,~
N me:
(type or printed)
i MY CO~MISSION EXPIRES SEPI. 20, 2007t
FOR NOTARIZATION OF BORROWERS/MORTGAGORS
ACKNOWLEDGMENT (All-Purpose):
STATE. OF '"~,~-t,7 , COUNTY OF Z-; '~_C.~/¢,[ } ss.
On ~_~--t~ -~ ~_ ,/2 7/ :Z~'~_5-'--- before me, the undersigned, a Notary Public in and for said State,
personally appeared
epersonally known to me -OR- [] proved ~o me on the basis of satisfactory evidence/to be
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 insmm~ent.
WITNES~Q~y hand and offic(~alb
-
(type or printep)
My Commission expires: ~ ~ ~
'~ MY COMMISSION EXPIRES MARCH 29, 20 9
(Seal)
EQ360E (6/2005)
0060
Exhibit A
PARCEL 1 PART OF SECTION 34, T33N R119W OF THE 8TH P.M., L NCOLN COUNTY,
WYOMING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT
WHICH IS WEST 608.85 FEET AND N 3 DEGREES O0 MINUTES 42 SECONDS E, 178.78
FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 34; AND RUNNING THENCE
N 31 DEGREES 53 MINUTES 37 SECONDS W, 185.VOg FEET; THENCE N 58 DEGREES 28
MINUTES 14 SECONDS E, 238.71 FEET; THENCE S 34 DEGREES 49 MINUTES 20
SECONDS E, 160.32 FEET; THENCE S 35 DEGREES 13 MINUTES 27 SECONDS W,
108.88 FEET; THENCE S 72 DEGREES 47 MINUTES 41 SECONDS W, 14g.68 FEET TO
THE POINT OF BEGINNING. PARCEL 2 A PORTION OF THE SE 1/4 SW 1/4 OF SECTION
34, T33N R119W OF THE 8TH P.M., LOCATED WEST OF AUBURN, LINCOLN COUNTY,
WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP
MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SW 1/4 AND RUNNING THENCE
WEST, ALONG THE SOUTH LINE OF SAID SW 1/4, 608.85 FEET; THENCE N 3 DEGREES
O0 MINUTES 42 SECONDS E, 178.78 FEET; THENCE N 72 DEGREES 47 MINUTES 41
SECONDS E, 149.86 FEET; THENCE N 35 DEGREES 13 MINUTES 23 SECONDS E,
108.68 FEET; THENCE N 34 DEGREES 4g MINUTES 20 SECONDS W, 160.32 FEET TO A
FENCE ALONG A ROAD; THENCE N 58 DEGREES 49 MINUTES 52 SECONDS E, ALONG
SAID FENCE AND ROAD, 122.85; THENCE S 89 DEGREES 40 MINUTES 50 SECONDS E,
381.16 FEET TO THE EAST LINE OF SAID SW 1/4; THENCE S 0 DEGREES 19 MINUTES
10 SECONDS W, ALONG LAST SAID EAST LINE 502.66 FEET TO THE POINT OF
BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED LAND: BEGINNING AT A
BRASS CAP MONUMENT MARKING THE SOUTHWEST CORNER OF THE SW 114 SE 1/4 OF
SECTION 34, T33N R11gW OF THE 6TH P.M., LOCATED WEST OF AUBURN, LINCOLN
COUNTY, WYOMING AND RUNNING THENCE N 0 DEGREES 19 MINUTES 10 SECONDS E
FOR A DISTANCE OF 503 FEET TO AN IRON PIPE FOUND; THENCE WEST 16 FEET;
THENCE SOUTH 503 FEET TO AN IRON PIPE FOUND IN THE SOUTH LINE OF SAID
SECTION 34; THENCE EAST ALONG LAST SAID SOUTH'LINE 1.01 FEET TO THE PO NT
OF BEGINNING.
EQEXAI (1212003)