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Home My WebLink About916356 ··,,-,·...·"',.......,····......·-'·--....'.....,...·_~.....~~........,.L""-"'.._...-"',.~..·,......c..4....~_.-~_-. . -"~.' -. -'. .'...,.......~,...~...... ,..., '.., -'-·<·~..,,·..,;""....~..~'.....""--','b.....~....._,_~,....',_.."'.,..,' _, _.,... --.'_.;.'_..,...L/<U,IO.'U"""""~.,.:_..- ,;._, "_._ Prepared and Recording Requested by ReconTrust Company, N.A. AND WHEN RECORDED MAIL TO: RECEIVED 3/1/2006 at 12:15 PM RECEIVING # 916356 BOOK: 613 PAGE: 456 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Document Management Services 1800 Tapo Canyon Road Mail Stop SV2-79 Simi Valley, CA 93063 -',-- ~- ---- -------."'---- -<- Space Above for Recorder's Use Document 10 # 000793077332005N MODIFICATION TO MORTGAGE AND PARTIAL RELEASE a i () >J This Modification to Mortgage and Partial Release ("Modification"), is made this .fL day of February, 2006 among MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("Mortgagee"), and ROBERT T KASTNER, and JACKIE L KASTNER (" Borrower(s)") (collectively referred to herein as the "parties"). RECITALS This Modification is made with reference to the following facts: A. The Borrower(s) made, executed, and delivered to RA TEST AR, INC., ("Lender") and Mortgagee, that certain MORTGAGE dated 01/31/2005, and recorded on 02/18/2005, as Document No./lnstrument No. 906582, at Book §.Z9, Page 255, in the Official Records in the Office of the County Recorder of LINCOLN County, State of WYOMING ("Mortgage"), securing a Note dated 01/31/2005, in the principal amount of TWO HUNDRED NINETY-FIVE THOUSAND AND 00/100 Dollars ($295,000.00) in favor of the Mortgagee and legally describing the real property as follows: SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF. B. The purpose of this Modification is for lot line adjustment. TERMS OF MODIFICATION 1 . For value received, the parties hereto do hereby modify said Mortgage to provide that the legal description therein shall be as follows (" Secured Property"): SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. ~:::::::~:::::::.::::::~ ~~:::~:~:::!~:~:~ ,-.............,.,...,. . '7P {\.'456 ~:;:: I;~~; ......,-..._~,.....,...,...._ ".,.,-.-,< .....__..,'. ,'.0-.....-.._, .... "......"... ....."'-..........-.....-., .. ,..:........-...-.oc..I-,..~,__~...2_....--_~"'·. .'.., ",'."."'" "_., I_~ 1",·" .,_ ....... -._...,......._._. 457 2. The Borrower(s) do(es) hereby mortgage, grant(s) and convey(s) the Secured Property to Mortgagee under the Mortgage together with power of sale subject to each and all of the terms and conditions of the Mortgage, including this Modification thereto. 3. The Borrower(s) and the Mortgagee do(es) hereby release without warranty to the person or persons legally entitled thereto, all the estate in and to any portion of the legal description first described hereinabove, which is not included within the description to the Secured Property. 4. The terms of the Mortgage, which are incorporated herein by reference, shall remain in full force and effect and be binding thereon to the extent they are not inconsistent with the provisions of this Modification. In the event of any inconsistency between the provisions of this Modification and the original Mortgage, the provisions of this Modification shall control. . The Mortgage, herein modified, when signed by all parties hereto, shall constitute one Mortgage. 5. This Modification shall inure to and bind the heirs, devisees, successors and assigns of the parties hereto. END OF PAGE <-'1_-' _.....~ . _, .~. .~. .". ", 458 CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF VENTURA ) On this It'day of February, 2006, before me, JAMES JACKSON, Notary Public, personally appeared VERONICA VEGA, personally known to me to be the person(s) whose name(~) 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. WITNESS my hand and official seal. J CK ON Commission No.: 1538689 pires: 12/25/2008 'I --.. -- ~.~-<t'Hl, ." CQmmIsa\on # 1538689 I' Notary ,Pu,'bIIC - C~omIo j ~ county = MrOaøm~ ~ __......... ow 'VI" ,.;~ TYPE OF DOCUMENT: DOCUMENT DATE: Modification to Mortgage and Partial Release February K, 2006 E;~:::ili::~::::;~~:¡ ~:'11~r:i!':~,b~{¡,"i ~ I' ;'., fil~~Ö~' '.-'-".-.'.~'."~'. "-~~.. ..-..~-----~_.-.......~.. -.~-.._---.. ~~--_....--......_.- ~~W;j!~f~{:~~ ..-...'.._--...._,....~ . .".......--.u.~____,....___........._.,..."""".....~.. ,_,._'__~_...~ .....---'..~"..."""""-,_........ .""'__..:~..",_, ...,............' 0'459 6. This Modification may be executed in counterparts, but shall be of no force and effect unless and until all parties to this Modification have duly executed this document. IN WITNESS WHEREOF, the parties hereto have executed this Modification the day and year first above written. .... \", ~ I'll II;, I 1"'1, """ So'{ STEll "',., " MORTGAGE ELECTRONIC,," ~\\ ...........8, ¿ 1,-. '~.' 2J' '1-:." , REGISTRATION SYSTEMS, INl~/~«:..J.'; Ó'i"'~\~"\': aszort ag ee , """'~: ct ~t, ~ ~: :;.-" " :, ~ëj):o u.l~ -J:~: . ~.... o.-~oú> r" Ç) 'v": ~ f/ I , IJ ".,~ I /J L)' ..., /} /~' . ~~..,....~.......~~~"~/'/ ~ V'~--/.. ,~""lð]1; ~:,'~~' VERONICA VEGA,' ..," ASSISTANT SECRETARY ß¿~~. ROBERT T KASTNER, Borrower ~~~~ \\ () , 1.L/ ' , JACKIE KASTNER, Borrower (ALL SIGNATURES MUST BE ACKNOWLEDGED) ,,"' .---'------ - - --.-."-- ..-.....-..-,..- .. ~.._-.._--_............._-_.~_...~._...... .... ,.,-..... ..,-~ .....-.., .,' - ." . r, 460 CERTIFICATE OF ACKNOWLEDGMENT STATE OF VIlÝrJmØtCç ( COUNTY OF !;. t-wJ ss. On 200.1, before me, , Notary Public, personally appeared + T tl tn -e.. , 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 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. WITNESS'll hand and official seal. fM~;J! ~h/ Notary Public - Commission No.:u" .,-e,. :ý ¡,{/ Commission Expires: v!r;/ ;{tJð 7 CERTIFICATE OF ACKNOWLEDGMENT DOROTHY TANNER - NOTARY PUBLIC County Of. State Of Teton Wyoming My Commission Expires August 6, 2009 !A/1 ~ (ý- 1#~ ~ 200-.£, before me, .-- , Notary Public, personally appear d L ' , 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 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. STATE OF ss. COUNTY OF On WITNESS¡V hand and official seal. A~ ;!04Ml4t/ . -{ Notary Public - Commission No.: rJ(P:5'tø ?J~/ Commission Expires: ~ / ;;'007 DOROTHY TANNER - NOTARY PUBLIC County Of . . State Of Teton· Wyoming My Commission Expires August 6, 2009 ~¡1~liilii~m¡i1I;}i~Ii · .................. ,',~,...,.. . ¡];;~~i~~¡~~;m¡~ '-'-'c·c,~.·.·_ " "...._-....>-:-_,._""_~_.. '.' ._,....~_o;........~_........_, ..;;"~'-'..:.3.I<.,,,...,,.............,._'-'..c.....:.:.:;..._\,.__. h ..' "'_'J< ,',.,'L.....,.,...,.:"".,'_'--~_.~.,. ...-.._..',.,.0,....;·1..:-.; {', 461 EXHIBIT "A" The lånd referred to In this commitment Is aituated In the State of Wyoming, County of LIncoln, and Is described 8S follows: Parcel 1 A portion of the Peterson Mlaty Meadowa Family Trust pròperty aa reterred to In Deed recorded In Book 376PR on page 335 with the Office of the Clerk of LIncoln County, Wyoming, within Lot 2 and the NE¥NW¥ of SeciIon 10, T36N, R119W, 0; the 6th P.M., LIncoln County, Wyoming, the metes and bounds being more particularly described 8S follows: BegInning at an Iron Pipe set marking a point In the South line of said, Lot 2, also being à point In the NorÙ1l1neof the Pierce property as referred to In the Deed r!,corded In Book 398PR on palle 572, with the said Office, said pos being 580.06 feet, S 89 4&' 11" e, along said South line, from the a.L.M. type monument found marking the Nelson EngIneering PEILS 578, 1980 location for the Southwest Corner bf Lot 2; thence N 0- E, 418.78 feet to an Iron Pipe 'aet; " , ' thence S 89- 46' 11" E, parallE!! with said South line, 165,63 feet tø IIn Iron Pipe set marking 8 point In the West line of Parcel '-A al shown of Plllt 45-A: thence S 14- 29' 46" e, along aaid Weat line, 254.80 feet to an Iron Pipe found: thence S 4- 11' 57" W, continuing along slIld West line, 172.76 feet to an Iron Pipe tound marking 8 point In the North Line of the Pierce property referred to In the Deed tecorded In Book 398PR on page 572, with said Office; theJ1ce N 89- 46' 11" W, along said North line, 216.76 feet, to the Þolnt of Beginning. ALSO A portion of the Peterson Misty Meadows Fsmlly Trust property as refe'rred to, In Deed recorded In Book 376PR on page 335 with ,the Office of the Clerk of LlncQln County, Wyoming, with Lot 2 and the NE¥NW¥ of Section 10, T36N, R119W, of the 6th P.M., lIncoln County, Wyoming, the metee and bounds being mote partlcular[y described 8S follows: Beg[nnlngat the B.L.M. type Monument found marking the Nelson Engineering PEfLS 578, 1980 [0 cation for the Southwest Corner of said Lot 2, also being the Southeast corner of the Sender property referred to In the Deed recorded In Book 472PR on page 718,· with said cmce; thence N 0- 40' 18" E, along Eaet line of the Sender property, 493.17 feet to an Alumlhum Cap on Rebar marking a point In the South line of the McNee[ property referred to [n the Deed recorded In Book 372PR on page 717, wllh 6àld Office; thence S 89- 56' 59" E, continuing along said South line, 371.37 teet an AlUminum Cap on Rebar markl!!Ø the Wyoming Game and Fish corner; " thence S 84 OS' 56" E, continuing along said Wyoming Game andFlah line, 360.10 feet to an Iron Pipe. found marking the Northwest corner of Parcel 1-A aa shown on Plat 45-A recorded wlÙ1 saId Office; , thence S 14- 29' 46" E, along the West line of said Parcel1-A, 41.32 feet to an Iron Þlpe set; thence N 89- 46' 11" W, paraUel with the South line of said Lot 2, 165.63 feet to an Iron Pipe set; thence S 0- E, 418.78 feet to an Iron Pipe set et a point In the South Une of aald Lot 2, also being a point In the North line of the Pierce property referred to In the Deed recorded In Book 398PR on page 672, with said Office: . thence N 89- 46' 11" W, slong last aald North line, 580;06 feet to the Point of Beginning. Parcel 2 The right of access as provided for In Instrument recorded June 3, 1999 In Book 431PR on page 93 of the records of the Lincoln County Clerk. The Improvement thereon being' known BS 279 Peterson Lane, Alpine, Wyoming 83128. ./ ~- _'.-a,....._.................-..............,."....'.-...._....................,._......_"...._, -,......-_.._'-...a...-,_._..",......._.._..............._-_ . .-, -.'- ..-,."-...........,."'"...,.-....-...;. .'.' ··-...~·-.-._"._--.....~...........·.'~.a'...,.:o..· .-..',_.... - ..,'.c.L.a_..........:.._..... '_'._'_".' . ,--.......-...,;..,-.... '"' 462 EXHIBÌT "Ð" Lot 1 BEGINNING at apoint on the south line of said GLO Lot 2 m'arked with an aluminum cap (Pat S. Factor, PLS 7049); thence N 0° 37' E, 484.4 feet to an aluminum cap on rebar' (Nelson Engineering, PE/LS 578); thence S 84° 45' E, 286.7 feet to a point monumented with a yellow plastic cap on rebar (Baker Engineering, PE/LS 698); thence S 15° 51' E, 298.6 feet to a point monumented with a yellow plastic cap on rebar (Baker Engineering, PE/LS 698); thence S 06° 11' W, 173.3 feet to the south line of said GLO Lot 2, marked with an iron pipe; thence N 89° 46' W along said south line to the Point of Beginning, containing 3.67 acres more or less. TOGETHER WITH and SUBJECT TO: A 60 foot wide Right-of Way easen:ent along the south line of said GLO Lot 2, also TOGETHER WITH: A 40 foot wide Right-of-Way easement, along the south line of Sender property referred to in the Deed recorded in Book 472PR, Page 718, with said County Office, to U.S. Highway 89 as referred to in the Kastner Deed recorded in Book 431PR, Page 93, with said Office, also TOGETHER WITH anù SUBJECT TO: All Eas~ments, Exceptions, Reservations, Restrictions, Right-of-Way and Improvements of sight and/or record.