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Home My WebLink About922500 ,. "--'--'~'-'-'- .....-"'_,...r~_~·...._h~.. ',"'.' ,'~.'_'",_ ,. 000834 TIllS INSTRUMENT PREPARED BY: Tinh Dinh When recorded mail to: FIRST AMERICAN TITLE INSURANCE LENDERS ADVANTAGE 1100 SUPERIOR A VENUE, SUITE 200 CLEVELAND, OHIO 44114 ATTN: FT1l20 LOAN NUMBER: 83028286 ASSESSOR PARCEL NUMBER: RECEIVED 9/1512006 at 3:32 PM RECEIVING # 922500 BOOK: 633 PAGE: 834 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY !6;)3'l7dô MODIFICATION AGREEMENT TO HOME EQUITY LINE OF CREDIT AGREEMENT AND D~CLOSURESTATEMENT (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Husband and Wife 01 / ¡/: ~ This Modification Agreement (this "Modification") is made as of 8/23/2006, between JASON F ALK and HEATHER FALK (the "Borrower(s)") and Countrywide Home Loans, Inc.. ("Countrywide"), and amends and supplements that certain Home Equity Line of Credit Agreement and Disclosure Statement, and that certain Mortgage which states the property is vested in JASON FALK and HEATHER FALK, HUSBAND AND WIFE AS TENANTS BY THE ~TY, dated 9/23/2004 and recorded 10/21/2004, in Book Number5--r:J ,at Page Number , as Document No. 903987, in the Official Records of the County of LINCOLN, State of Wyoming (the "Security Instrument"), and covering the real property with a commonly known address as: 570 FOREST CIRCLE DRIVE, ALPINE, WY 83128, and more specifically described as follows: SEE "EXHIBIT A" AITACHED HERETO AND INCORPORATED HEREIN. In consideration of the mutual promises and agreements of the parties hereto, together with other good and valuable consideration. the receipt ofwhÏch is hereby acknowledged, the parties agree as follows: 1. Amendment to Credit Limit: My credit limit under the Home Equity Line of Credit Agreement and Disclosure Statement is modified to $55,000.00. 2. Amendment to Margin: The Margin used to detennine my ANNUAL PERCENTAGE RATE is modified to 2.250 percentage points. 3. Reprelentation of Borrower(s): Borrower(s) represent(s) to Countrywide Home Loans, Inc. that: a) Except for the Security Instrument and any prior liens identified in the Security Instrument, there are no other liens, encumbrances or claims against the Property other than (i) real property taxes that are paid current and not due or owing, (ii) easements, (iii) homeowners association covenants, conditions and restrictions, and (iv) local government or municipal assessments and development bonds; b) There has been nO increase, amendment or modification of any liens prior to the Security Instrument other than those agreed to by Countrywide Home Loans, Inc. in writing; Initials ::J f (}j,F ~~~!imr: ._....4... ,0___ û92~~~Oû 000835 LOAN NUMBER 83028286 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, BOlTower(s) repr~sent that there are no changes in title or vesting since the origination of this loan on 9/23/20<14. In the event there are changes, BOlTower(s) has/have 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 Construction occurring. IIW e have not requested any further Construction. I/W e will not have any Construction done or allow any to be done prior to closing this Modification; f) 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 cOlTect as of the date opposite my/our signature(s) and that Countrywide Home Loans, Inc. has been notified of any necessary changes. Any intentional 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 tenns, 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 9/2/2006. Ifnot 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). Initials 5. r N -2- MODAGRBTH 4804 0811712005 / -.."..,.---.,-.- .--.---.,.--,.,-.. ... . .....-.-,-. ü9~~~~Uu I 000836 LOAN NUMBER 83028286 6. Agreement to Correct Mllstated Documents, Provide Additional Documentation, or Feel: Borrower(s) agrees as follows: If any document is lost, misplaced, misstated, inaccurately reflec~ the true and correct tenns and conditions of the modification of the Loan, or is otherwise missing, ûpon 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 tinie of loan 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. FaUure to DeUver Documents can Constitute Default: Borrower(s) failure or refusal to comply with the tenns of the correction 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. Initials J,F: S1:!:{ -3- MODAGRBTH 4804 0811712005 r:';;"";¡'~ ','"'''' ..:.1 t:~::~;,:'_::';~~~iJ ~W!~:;~;m;m~i~~i; r;~~1" ':~ ¡~~:~*~: &~~~¡ '.~. ~.~.~~~~..:~~;~, I '...~....'....'......_<._'.. , ....._--'-..'~--.- ,_. --., -"~~,"-,<" '.~... \u:¿250li .i......J , 000837 LOAN NUMBER 83028286 þ IN WITNESS WHEREOF, this Modification has been duly executed by the parties hereto the day and year first above written. , ~¿ ,6(, Date ~ BORRO~ Jþt:f¡, . rl/tr ta//L , ate THE F ALK Witness Witness Signature of Witness Signature of 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. D~ D~ Witness Witness Signature of Witness Signature of Witness Notary Acknowledgement for Borrower(s)/Owner(s) Stateof~~ County ~(~ ~tµ ('0 .L~ On ~rt:, Date personally appeared is subscribed to Name(s) of Borrower(s)/Owner(s) _ personaUy known to me ~ 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 MY HAND AND OFFICIAL SEAL Signature tÙl"- NANCY J. BROWN - NOTARY PUBLIC COUNlYOF. STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES (, I ")I? bao -4- MODAGRBTH 4804 0811712005 / , , r , ,)~)~;¿~}üü 000838 LENDER Notary Acknowledgment for Lender State of Texas County of Collin On ~J~ì. ::)~J'~ , before me MelodyOzaki , personally peared NancÝ Morberg, Vice President of Countrywide Home Loans, Inc., A New York Cotporation, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that helshe executed the same in hislher authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL Signature ~ si¡oature ofNotaIy Public - , ~~ ~ MELODV oZAKI My cO(M'IIIIIOO ExPIf" NOVemb8f \I. 2001 ~ .... -5- MODAGRBTII 4804 08/17/2005 ,', _.~ ¡i,i'."I. ~ ,::?~~i:~~~~:~J;! fIili~~i~~~m@: '--._"~"-"'-"-~._~----'-'--~"'~-'~"-" - ,.,. -~'. ,--,~,,--..," .. .............-..,.,.'.. ',".',---, ..,."....'.., ,~..'. J: ...·,t'·~ro¡¡ ~ I oJ 11.. j\,ø , .J v , . 000839 EXHIBIT A A PARCEL OF LAND LOCATED IN THE COUNTY OF LINCOLN, STATE OF WYOMING, AND KNOWN AS: BEING LOT NUMBER 9 IN FOREST MEADOW SUBDIVISION OF LINCOLN COUNTY RECORDS. Permanent Parcel Number: 3718 283 05 044 JASON FALK AND HEATHER FALKr HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES 570 FOREST CIRCLE DRIVE, ALPINE WY 83128 Loan Reference Number 4320151/83028286 First American Order No: 10234700 Identifier: FIRST AMERICAN LENDERS ADVANTAGE 11111111111111111111111111111111111111111111111111 \11\11"'1 '''\\\1 1\ 'I' FALK 10234700 . LENDERS ADVANTAGE FIRST AI'\ERl.cAN ODIFICATI0N AGREEMENT ~ \\11 U'I ,,\\\\1\\1 '1"1"1\\\1 \1\1 III 1\11 \ 1\1 1\1\1 I \tl' /