HomeMy WebLinkAbout910668,..005'45
Recording Requested By:
Wel Is Fargo Bank, N.A.
Prepared By:
After R~ordingpleaseremrnto:
Wells Fargo Bank, N.A.
DOCUMENT MANAGEMENT
P. O. BOX 31557
BILLINGS, MT 59107
APN/TaxID#33182940031300
RECEIVED 8/8/2005 at 11:13 AM
RECEIVING# 910668
BOOK: 593 PAGE: 549
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
State of WYOMING { Space Above This Line For Recording Data}
Reference/t: 20051757200472 Account/t: 065,t -654 -6404928 -1998
Document #:0888345 9/O ~
MORTGAGE MODIFICATION AGREEMENT
This Modificafionismadethis 11th day of July 2005 between
Wells Fargo Bank, N.A. (the"Bank")
and R L VAN DUREN
Name(s) of borrower(s) (the "Borrower")
and LELA H VAN OUREN
and
Name(s) of borrower(s) (the "Borrower")
and
Name(s) of borrower(s) (the "Borrower")
and
Name(s) ofborrower(s)(the"Borrower")
and
Name(s) of borrower(s) (the "Borrower")
Name(s) of borrower(s) (the "Borrower")
and R L VAN DUREN
Name(s) ofmortgagor(s)/trustor(s) (the "Mortgagor")
residingat 1095 COUNTY RD 129 GROVER, WY, 83122
and LELA H VAN DUREN
Address
and
Name(s) of mortgagor(s)/tmstor(s) (the "Mortgagor")
and
Name(s) ofmortgagor(s)/trustor(s) (the "Mortgagor")
and
Name(s) of mortgagor(s)/trustor(s) (the "Mortgagor")
and
Name(s) ofmortgagor(s)/trustor(s) (the "Mortgagor")
Name(s) ofmortgagor(s)/trustor(s) (the "Mortgagor")
EQ360A (6/2005)
("00550
modifies an original Mortgage (i) dated 02 ! 21 ! 2003 (together with any modifications to it made prior to the date
of this Modification), (ii) which was executed to secure a home equity line of credit agreement ("Line of Credit")
dated O2 ! 21 / 2003 , in the original maximum principal amount of $ 20,000.00 with a
mamrity date of 0212112043 , and payable to the order of W e l Is Fargo Bank, N.A. (iii)
which is recorded in Book/Roll 514 at page(s) 64-/ of
the COUNTY ofk INCOLN County, Stateof WYOMING
as document No. 0888345 , (iv) in connection with the filing of which, a mortgage registry tax
was pald to the Treasurer of said COUNTY in the amount of $ N/A onN/A
and that Treasurer has placed his 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
1095 COUNTY ROAD 129 GROVER, WY 83122
and is described as follows:
SEE ATTACHED EXHIBIT
33182940031300
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 claim, defense or offset.
Agreement
Accordingly, in consideration 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 maximum available principal
amount of the Line of Credit is now $ '10,000.00 and that the lien of the Mortgage shall
secure the Line 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 max/mum 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 future 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.
-~ 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 !/~ as it relates
to the Line of Credit and to delete ail 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 originai 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 ail fees payable to public officiais in connection
with this 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 aiso 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 aiso may change the index and margin the Lender uses to determine the annual percentage rate if that
index is no longer available. The Lender can make any of these changes discussed above without the Borrower's
consent, 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 Liability. 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 Properly. 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 "I" refer to the Mortgagor)
THIS IS A CONSUMER CREDIT TRANCSACTION.
I understand that:
· I should not sign this agreemem before I read the entire documem, 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 baiance 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)
,..00552
IN WITNESS WHEREOF, the Borrower/Co-Grantor and Lender have executed this. Amendment as of the day and
year first above written.
Walls Fargo Bank, N.A,
Mortgagor/Tmstor
~L~-H VAN 'DUREN -
Mo~gagor~stor
MortgagorFFmstor
Mortgagor/Tmstor
Mortgagor/Tmstor
Borrower )
'~"LE/JA H VAN DUREN
Borrower
Borrower
Borrower
Borrower
Borrower
{Acknowledgements on Following Pages.
EQ360D (6/2005)
FOR NOTARIZATION OF BANK PERSONNEL
00.55 3
ACKNOWLEDGMENT (All-Purpose):
STATE OF
personally appeared
, COUNTY OF ~ ~lz;0(lq } ss.
before me, the undersigned, a Notary Public in and for said State,
[] persohally 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 insmunent 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.
WITNESS my hand and official seal.
Signature: /~/~. ~
Name:L~_ R. ~[~:~
(type or printed)
My Commission expires: {.ohqZ/l.~oq''
(Seal)
FOR NOTARIZATION OF BORROWERS/MORTGAGORS
ACKNOWL]~/)~GMENT (All-Purpose):
STATI~O~A , COUNTYOF /--~ o,c ~.o[-'v'~ } ss.
On ~ .]-,~ /6~, ~ t~Pff~ before me, ~e undersized, a Not~ Public in ~d for s~d State,
per~n~]y ~e~ed ' -- .
~ personae ~om to me -OR- ~ proved to me on the basis of safisfacto~ evidence/to be
· e person(s) whose nme(s) is/~e subscribed to ~e Mt~ ~s~ent ~d ac~owledged to me that he/she/~ey
executed ~e sine in hs&er/~ek au~odzed capaci~(ies), ~d ~t by hs~er/~ek silage(s) on ~e ~s~ment
· e person(s), or ~e enfi~ upon beM~ of whch ~e person(s) acted, executed ~e ins~ent.
(~e or
(Seal)
EQ360E (6/2005)
· ' '00554
ACKNOWLE. D,GMENT (All-Purpose):
STATE .OF. ~ ~ , COUNTY OF L ! -~ ap {-v~ } ss.
On Z~-t,~[--~ | ['~,, a t90..5-- before me, the undersigned, a Notary Public in and for said State,
perAon~lly appoared.~
[] personally knc~n to me -OR- [] proved {o me on the bas~ of satisfactox~ evidence/to be
the person(s) whose name(s) is/are subscribed to the within instnnnent 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.
WlTNESSxr~v hand and official seal.,
~E-V~RL9 jokl~s-ok 7 do'l'/~R~, bUBLi{~ - ~'~
(type br prinked} - ' -
t LINCOLN ~1 WYOMINGt
(Seal)
ACKNOWLEDGMENT (All-Purpose):
STATE OF
On
personally appeared
, COUNTY OF .} ss.
before me, the undersigned, a Notary Public in and for said State,
[] personally 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 instnnnent 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 instmmem
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
Name:
(type or printed)
My Commission expires:
(Seal)
EQ360F (6/2005)
'0O555
Exhibit A
Re~mnce#: 20051?5?2004?2
Acct#: 0654-654-6404928-1998
THAT PART OF THE SW 1/4 SE 1/4 OF SECTION 29, T33N, RllSW, LINCOLN
COUNTY, WYOMING, BEING PART OF THAT TRACT OF RECORD IN THE OFFICE OF THE
CLERK OF LINCOLN COUNTY IN BOOK 34? OF PHOTOSTATIC RECORDS ON PAGE 436,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SW 1/4 SE
1/4, FOUND AS DESCRIBED IN THE CORNER RECORD FILED IN SAID OFFICE; THENCE
N O0 DEGREES 13 MINUTES O? SECONDS E, 250.00 FEET, ALONG THE EAST LINE OF
SAID SW 1/4 SE 1/4, TO A POINT; THENCE S 89 DEGREES 58 MINUTES 30 SECONDS
W, 871.21 FEET, ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID SW 1/4
SE 1/4, TO A POINT; THENCE S O0 DEGREES 13 MINUTES O? SECONDS W, 250.00
FEET, ALONG A LINE PARALLEL WITH SAID EAST LINE, TO A POINT ON SAID SOUTH
LINE; THENCE N 89 DEGREES 58 MINUTES 30 SECONDS E, 871.21 FEET, ALONG SAID
SOUTH LINE, TO THE CORNER OF BEGINNING; ENCOMPASSING AN AREA OF 5.00
ACRES, MORE OR LESS; TOGETHER WITH THAT COMMON ACCESS EASEMENT AS
DESCRIBED IN THAT TRACT OF RECORD IN SAID OFFICE IN BOOK 89 OF PHOTOSTATIC
RECORDS ON PAGE 282; THE BASE BEARING FOR THIS SURVEY IS THE SOUTH LINE OF
THE SE 1/4 OF SECTION 29, T33N, R118W, BEING N 89 DEGREES 58 MINUTES 30
SECONDS E; EACH 'POINT' MARKED BY A 5/8 INCH X 24 INCH STEEL REINFORCING
ROD WITH A 2 INCH ALUMINUM CAP INSCRIBED, 'SURVEYOR SCHERBEL LTD AFTON WY
PLS 5388', WITH APPROPRIATE DETAILS; ALL IN ACCORDANCE WITH THE PLAT
PREPARED TO BE FILED IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY TITLED,
'PLAT TO ACCOMPANY BOUNDARY ADJUSTMENT FOR ANDREW V. THOMAS AND SANDRA KAY
THOMAS AND ROBERT A. THOMAS AND KAYDENE THOMAS WITHIN THE SW 1/4 SE 1/4
SECTION 29 T33N Rl18W LINCOLN COUNTY, WYOMING', DATED 21 SEPTEMBER 1998.
EQEXA1 (12/2003)