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0003?6
TIllS INSTRUMENT PREPARED BY:
Julia Zengeni
Recording Requested by &
When Recorded Return To:
US Recordings, Inc.
29~5 Country Drive Ste 20t
Sl Paul, MN 55117
RECEIVED 10/27/2006 at 3:26 PM
RECEIVING # 923801
BOOK: 638 PAGE: 376
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
LOAN NUMBER: 648591 ASSESSOR PARCEL NUMBER: 1212
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MODIFICATION AGREEMENT TO HOME EQUITY UNE OF CREDIT AGREEMENT AND
DISCLOSURE STATEMENT
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This Modification Agreement (this "Modification") is made as of 10/11/2006, between DW AIN R WADE
and ELAINA M WADE (the "Borrower(s)") and Countrywide Home Loans, Ine.. ("Countrywide"), and
amends and supplements that eertain Home Equity Line of Credit Agreement and Disclosure Statement,
and that certain Mortgage which states the property is vested in DWAIN R WADE and ELAINA M
WADE, HUSBAND AND WIFE, dated 12118/2001 and recorded 12/26/2001, in Book Number 479, at
Page Number 863, as Document No. 878157, 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:
1730 ALLRED ROAD, AFTON, WY 83110, and more specifically described as follows:
SEE "EXHIBIT A" A ITACHED 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 of which is hereby acknowledged, the parties agree as follows;
1. AmeDdmeDt to Credit Limit: My credit limit under the Home Equity Line of Credit Agreement and
Disclosure Statement is modified to $30,000.00.
2. AmeDdment to Margin: The Margin used to determine my ANNUAL PERCENTAGE RATE is
modified to 0.000 percentage points.
3. RepreteDtation of Borrower(I): 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;
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000377
LOAN NUMBER 648591
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 12/18/200 1.
In the event there are changes, Borrower(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. 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 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 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/AvaUabUity of Fundi: 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 10/21/2006. Ifnot
received within that time, the Modification is null and void. If I 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).
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MODAGRBTH 4804 0811712005
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09~3801.
LOAN NUMBER 648591
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 tenns and conditions of the modification of the Loan, or is othelWise missing, \¡pon
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 othelWise 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 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).
000378
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. Faßure to DeUver Documents can Constitute Default: Borrowcr(s) failure or refusal to comply with
the terms 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.
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MODAGRBTH 4804 0811712005
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000379
LOAN NUMBER 648591
IN WITNESS WHEREOF, this Modification has been duly executed by the parties hereto the day and year
first ab 'e written.
-DIP
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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 ofWituess
Signature of Wilnciis
Notary Acknowledgement for BOlTOwer(s)/Owner(s)
~F-~f:~
Date
personally appeared ':r:>u.wi~ Po &~ .4~
Namc(s) of Borrower(s)/Owncr(s)
~ Personally known to me
_ Proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare subscribed to the within instrwnent and acknowledged to me that
he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/ber/their signature(s)
on the instrument the pers n(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS MY
, before me,
"'L1~n4. flA4tA;~
Name of Notary Pubhc
£b.in¿¡ At. fJ.t"J,p
is subscribed to
Signature
LAYNA HADERue . NOTARY PUBUC
County of &\ State of
In:oIn ., Wyoming
~ &pires 216. 2008
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MODAGRBTH 4804 0811712005
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O~~3801.
000380
EXHIBIT A
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LOAN. T886-151844
US Recordings
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