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Home My WebLink About916952 r:m0~~~ ;1: I~:~' ":1\ . . ....~::~ '-:-:"':':;;"'~"-":~~''':_~~-''''''--'':''''':''''''-_''-'':':'-:'''"'"'"'--'',;",~:,-,,~-,,-,-,~._. .C·'.·.!·"_".",·,,~.,,,.·.'~'.·.r. -.'- "'-~~~-:'~~""'''''''''~:-'~''_''' ".....-.:!.:'.~J_,:.:.".:<...;-..~;.... "" 000278 THISlNSTRUMENTPREPAREDBY: ] ohn-robert Miley Recording Requested by A When Recorded Retum To: US Recordings,lnc. 2925 Country Drive S1. Paul, MN 55117 RECEIVED' 3/2712006.at 1:56 PM RECEIVING# 916952 BOOK: 615 PAGE: 278 JEANNE WAGNER LINCOLN COUNTY ClERK, KEMMERER, WY LOANNlJMBER: 83041913 ASSESSOR PARCEL NUMBER: (SPACE ABOVE THIS LINE FOR RECORDER'S USE) 7'"óO<Ó-O ~d.~~6" MODIFlCATION AGREEMENT TO HOME £QUITYLINE OF CREDIT AGREEMENT AND DISCLOSURE STATEMENT 1 \ \/\~ T.his Modification Agreement (this "Modification") is made .as of 2/13/2006, between WILLIAM L DAY .and CONNIE W DAY (1he "Borrower(s)").and Countrywide Home Loans,Jnc.. ("Countrywide"), .and JiDlends.and .supplements that œrtain Home Equity Line of Credit Agreement.and Disclosure Statement, .and that certain Mortgage w.hich.states the property is vested in WILLIAM LDA Y .and CONNIE W DAY, RUSBAND AND W1FE, .dated 10/15/2004 .and Iecorded 11/22/2004, in Book Number ~3.AtP.a.ge Number 262,.as Document No. 904751, in 1he Official Records of1he County of LINCOLN, State of Wyoming (the "Security Instrument"),.and covering the real property with.a commanlyoknown .address .as: 812 STATE HIGHWAY 241,AFTON, WY 83110,.andmore.specifically .described.asfollow.s: SEE 'mœrnIT A" ATIACHED BERETO AND INCORPORATED BEREIN. .In .consider.ation of the mutual promises.and .agreements of the parties hereto, 10gether with other good.and v.a1uable consider.ation, the receipt of w.hich is l1ereby .acknowledged, the parties .agree.as follows: 1. .Amendment to Creditlimit: My credit limit under the Rome Equity Line of Credit Agreement.and ])isclosure StHtt'!mp.nt ismodi:fied to $32,000.00. 2. Amendment 10 Margin: The Margin used to .determine my ANNuAL PERCENTAGE RATE is modified to 0.000 percentage points. 3. :Repr~eníation ofBorrower(s): Borrower(s) Iepresent(s) to Countrywide Home LOBIlS, 1nc. that: .a) Except for the Security Instrument .and .any prior liens identified in the Security 1nstrument, 1here"are no other liens, encumbr.ances or daims .against 1he Property other 1h.an (i) Ieal property taxes that.are JUiÌd current.and not.due or owing , (ii) easements, (ill) .homeowners .association L:OVenanís, conditions.and Iestrictions,.and (iv) 10ca1 government or municipal .Assessments .and Devdopment bonds; b) There.has been:no :increase, JiDlendment or modification of .any liens prior 10 1he Security .Instrument other 1h.an 1hose .agreed to by Countrywide Home Loans, 1nc. in writing; ~ .J4LJ..D ,. · ···~,·"~·.'.I~·~·.!.:IJ¡.:::-;~"!1·.J:~~~~".~':¡~'-i~'>';'i__.,--"";,,,,,"r",;;I!;~..!U....·· . ..... ....~.,...>'.."..........-.~~.........¡ .; ;;",,¡,:,;n:;.._o~u..~'d\!:.!o~~~\·;L-·;,·~z;"~·..èr."" '\. . ...., .-:~: L'~i!;!"'i!¡;j'~"~¡·.ï::i"':I"'~-J"'.""':'·~-' 'é'-^,~.~.:, 0: ,:~.:¡:,,~'~:.' . 0916952 CQ0279 LOAN NUMBER 83041913 c) I am/We are the only owner(s) of the Property: there are no other family members or non- family members who own any interest in the Property. Additionally, Borrower(s) represent that there are no changes in title or vesting since the origination of this loan on 10/15/2004. In the event there are changes, Borrower(s) haslhave notified Countrywide Home Loans, Inc. of such changes prior to the completion of this modification; d) There are no buildings, fences, overhangs, wall or other structures from other land coming onto or encroaching on the Property. There are no buildings, fences, overhangs, walls or other structures from the Property which are going onto or encroaching onto any other properties or onto any easements running over or under the Property; e) I/We have paid for all cost, expenses and other sums owed for any and all construction, improvements, rehabilitation, remodeling, or other work done to, on, at, or in the Property including for labor, material, and supplies (collectively, the "Construction"). Currently, there is no Construètion occurring. I/We have not requested any further Construction. I/We will not have any Construction done or allow any to be done prior to closing this Modification; t) I/We understand that homestead property is in many cases protected from the claims of creditors and exempt from sale at foreclosure and that by signing this contract, I/we voluntarily give up my/our right to the protection of the property with respect to claims based upon this contract; g) If Lender has not required my/our current income documentation, I/we certify that my/our current income has not decreased since the time of my/our original Home Equity Line of Credit Agreement and Disclosure Statement described above. h) I/We certify that the representations set forth in this Modification agreement are true and correct as of the date opposite my/our signature(s) and that Countrywide Home Loans, Inc. has been notified of any necessary changes. Any i.ntentional or negligent misrepresentation(s) may result in my/our loan being in default, civil liability and/or criminal penalties. 4. Limited Effect:The parties agree that this Modification shall be construed narrowly and limited to the items expressly modified herein. Except as expressly provided for by this Modification, all terms, requirements and obligations of the Home Equity Line of Credit Agreement and:Disclosure Statement and the Security Instrument, and all rights of Countrywide Home Loans, Inc. under, remain in full force and effect, unaltered by this Modification. Capitalized terms in this Modification have the same meaning as in the Home Equity Line of Credit Agreement and Disclosure Statement. 5. Effective Date/Availability of Funds: If this Modification is completed, signed, notarized, and received by Countrywide Home Loans, Inc. within ten (10) calendar days after the date first written above, it will be effective ten (10) calendar days after the date first written above 2/23/2006. If not received within that time, the Modification is null and void. IfI do not exercise my right under Federal law to rescind this transaction, the increase in the amount of funds available due to the modification of my credit limit will be accessible after midnight of the third business day following the Effective Date, unless that day is a Saturday, in which case, the funds will be available the next business day. For purposes of this section, "business day" means all calendar days except Sundays and legal. public holidays specified in 5 V.S.C. 6103(a). Initial& ~ -2- MODAGRBTH4804 08/1712005 [í:,=~:4:1:1:1:;:I::jj¡ ~t~~~:~~::~~ Œm~~!r~ ¡~:i:;¡¡lt~~~m!~~~1~ ., ,,.,",...&a.f...'!...t.I.·.·.·.·,·,..·, ,:.....,.~.'-'".OU~<-',:.~~_:-"'" '·'·.__.·.j__.."O'.:.'.'__ _~,.'.c:..._.-';I.~.",-.¡.... ........................". ';- -",' .....'.....,J'.'"..:>,'¡,...-'''~...,,,<!I:'--.:...~.,"...': ;.::......,..., ,.,' .-. . (,°'-"0",'",-'..7'.;'1'-'-""""".,,,,_,, . t...,!:,..!;~.,;,.,,,,...v''''''I,,,'.. 00280 0916952 LOAN NUMBER 83041913' 6. Agreement to Correct Misstated Documents, Provide Additional Documentation, or Fees: Borrower(s) agrees as follows: If any document is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the modification of the Loan, or is otherwise missing, upon request of the Lender, Borrower(s) will comply with Lender's written or oral request to execute, acknowledge, initial, and deliver to Lender any documentation Lender deems necessary to replace or correct the lost, misplaced, misstated, inaccurate or otherwise missing document(s). Borrower(s) agrees to deliver the documents within ten (10) days after receipt by Borrower(s) of a written or oral request for such replacement. Borrower(s) also agrees that at any time, upon request by Lender, including at the time ofloan pay-off, Borrower(s) will supply additional amounts and/or pay to Lender any additional sum previously disclosed to Borrower(s) as a cost or fee associated with the modification of the Loan, which for whatever reason was not collected at the time this modification was entered into ("Fees"). This agreement supplements any other similar agreement that was entered into by Borrower(s). 7. Request by Lender: Any request under Paragraph 6 of this agreement may be made by the Lender, (including assignees and persons acting on behalf of the Lender) or Settlement Agent, and shall be prima facie evidence of the necessity for same. A written statement addressed to Borrower(s) at the address indicated in the loan documentation shall be considered conclusive evidence of the necessity for the Documents. 8. Failure to Deliver Documents can Constitute Default: Borrower(s) failure or refusal to comply with the terms of the cörrection request may constitute a default under the note and/or Deed of Trust, and may give Lender the option of declaring all sums secured by the loan documents immediately due and payable. . Initial&l2 4LLJ -3- MODAGRBTH 4804 08/17/2005 ·'n _.........,~.'"'; '.:....._h .0-'_.... ...'..............~_....................._. ,...',"'.,..........-..,......... ......,-~.._........,",...,..-:""'-~.....................,........_..... "'. .. ~ ". .'. . ....-. .-'-'........~ ','.'-- 0916952 00281 LOAN NUMBER 83041913 IN WITNESS WHEREOF, this Modification has been duly executed by the parties hereto the day and year first above written. BORROWER(S) B~/t(p ~W~ Date E W DAY. ~¥þ D te f!æL,,~/- Ignature of Witness Witness '(JdAh -7~~~ Signature of Witness Witness CO-OWNER(S) The undersigned hereby consents to the execution of this Modification which serves to increase the lien amount on the Subject Property. Date Date Witness Witness Signature of Witness Signature of Witness Notary Ac 0 ledgement for Borrower(s)/Owner(s) State of . County of On, "'Ýk ~I . ;JOtl¿ ,before me, Date J. personally appeared a~~.¿Id-ljJ( Name of Notary Public . tv is subscribed to Name(s) of BOITower(s)/Owner(s) I' Personally known to me 7 Proved to me on the basis of satisfactory evidence .fobe 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 hislher/their authorized capacity(ies), and that byhislher/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 1Á/~ -x/d~ Signature of Notary Public VALERIE KITIRELL . NOTARY PUBLIC State of Wyoming '-l, My Comm\~í9P'Explres April 19, 2008 County of Lincoln ·,t....;. -4- MODAGRBTH 4804 08/17/2005 :::!N:~:N:'::::::" ~lkiili!ilih~~~ ~~J~~~~~tfflt;'k~ N;:!*~:;!~i!tMi~ ;(::t~ir6·1·~·:j·'; ~I ".~ §~::?; ..~;:~!!t.:~., .~!:!~~ ~ifl:~~~]~i~~ . ""'----._.~.....-..........&...~.....-_....................:.--- --........._~-~...,.----......,-'. -... .~....~" ~ . ......,.'.,........... . c..,--.»__...........:._...,..................,"........"''-''". " --''':'.' .,..;.>.<:. ............~.., """'-"", ..... ...~. ......... ...... . 091.6952 LOAN NUMBER <6301/'t J 3 000282 ':':~'.':'<,'1-', )':.; t;' '0i' i;.!,,\ 1\ -: ì'i, ';~fifÍi¡';;¡:m~~~fê~,~fi'¡¡îtfiírrf~,m~>,"í~m*'í1~''''¡.;[ï¿~f$r} ;. "i:', , '1 . :: 'Îf'>. ; ; ::~""'¡~;;'"\ ¡: ~. {;.~",~1~,~j¿,.."---~·I~j!r~fl:J-. ,¡"-~~(V¡.i-!!' J_~> ,.:tl!.".~Jö,...!'si.;t..'\,1<,£~$lU;:'"- J ~ iù~..-J\. ¡,¡h:-;:£¡5;\~!.i~~ 21~'" c ~!!:t1J~~l ~,,'u~¡' é..'t. ! ,~.¡ '- .: :_\j'tL~~ ~~t..:z. '"",;l, LENDER Countrywide Home Loans, Inc.. By: Nancy Morberg Vice President .~ Notary Acknowledgment for Lender State of Texas County of Collin -:t I Melody Ozaki On ~ - , J ~ D 'P , before'me , personally appeared Nancy Morberg, Vice President of Countrywide Home Loans, Inc., A New York Corporation, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by hislher signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WTINESS ~~ A' AND AND OFFI~SEAL SIgnature ~ Signature of Notary Public @ MELODY OlAlCl MvCommialonExpiMI November 11, 2001 , , -5- MODAGRBTH 4804 08/17/2005 ¡' .......>'".(.-.-~.",""='...+.. ·'r",,~'-_·':,;;,,'~"""·"'·'·"(-_""""-"-''''''''-'''_____~._'''''''''~_''''''''_'...-c.-<.-.....,~..'>:I...._ _,' "",..".., ',...,.,',.,.....-...........,....-...-,. ..,.................."'-'......; '~--.:;..-.......(.~..,~............,'''''.._...~.,.._,-'........".,....'\.~~.''_,....ø.,~_"'..'."';r....~__::..·.... ,.".:~,¡.:o.¡! ·,u:o;.t,i:..." . . ... . . 0916952 C00283 EXHIBIT "A" PART OF THE SW Y4 NW Y4 OF SECTION 30, T31N R118W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 473.00 FEET NORTH AND 101.01 FEET EAST FROM THE SOUTHWEST CORNER OF SAID SW ~ NW ~ SAID POINT OF BEGINNING BEING A POINT ON THE ARC OF A CURVE IN THE NORTHEASTERLY RIGHT OF WAY LINE OF OLD U.S. HIGHWAY 89 DESCRIBED INW ARRANTY DEED RECORDED SPRIL 27, 1927 IN BOOK 15 OF DEEDS ON PAGE 10 OF RECORDS OF LINCOLN COUNTY CLERK; AND, RUNNING THENCE EAST, 315; THENCE SOUTH, 159 FEET; THENCE WEST, 255.493 FEET TO THE SAID NORTHEASTERLY RIGHT OF WAY LINE AND SAID CURVE, HAVING A RADIUS OF 1392.394 FEET AND BEING CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ARC OF 6 DEGREES 59'25" AN ARC DISTANCE OF 169.877 FEET TO THE POINT OF BEGINNING. I1IIII1II111111111111111111111111111111111111111111111111111111111111111111111111111111111 U30420939-01HP0S MODIFIC AGREEMEH LOAH_ T00S-022228 us Recordings ~ . j '.j .·fi' ", .:i:I:~~;:::;:;~:~:f~