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Home My WebLink About923851 ¡~i~~;[ili~im~i¡~ ,'. ;~~;i;~¡~?{:~~:! 000565 fJJ THIS INSTRUMENT PREPARED BY: Tinh Dinh . . Return To: Electronic Closing Service dba e- Title 290 Bilmar Drive Pittsburgh, PA 15205 RECEIVED 10/30/2006 at 12:39 PM RECEIVING # 923851 BOOK: 638 PAGE: 565 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY LOAN NUMBER: 63322180 ASSESSOR PARCEL NUMBER: (SPACE ABOVE TInS LINE FOR RECORDER·S USE) MODIFICATION AGREEMENT TO HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE STATEMENT This Modification Agreement (this "Modification") is made as of 9/28/2006, between MARY ANN AHRENS, TRUSTEE and RONALD E AHRENS, TRUSTEE (the "Borrower(s)") and Countrywide Bank, N.A.. ("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 MARY ANN AHRENS, and RONALD E AHRENS, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER, THE RONALD E AHRENS AND MARY ANN AHRENS LIVING TRUST, DATED FEBRUARY 14, 2000, dated 5/20/2004 and recorded 7/9/2004, in Book Number 561, at Page Number 380, as Document No. 900911, 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: 4986 MUDDY STRING ROAD, TRA YNE, WY 83127, and more specifically described as follows: SEE "EXHIBIT A" ATTACHED 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: I. Amendment to Credit Limit: My credit limit under the Home Equity Line of Credit Agreement and Disclosure Statement is modified to SI00,OOO.OO. 2. Amendment to Margin: The Margin used to determine my ANNUAL PERCENTAGE RATE is modified to 0.500 percentage points. 3. Representation of Borrower(I): Borrower(s) represent(s) to Countrywide Bank, N.A. 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, (üi) 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 Bank, N.A. in writing; Initialsfiúl A~ oL. 09~~8~j1. 000566 LOAN NUMBER 63322180 c) I amlWe 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 5/20/2004. In the event there are changes, Borrower(s) has/have notified Countrywide Bank, N.A. 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) UWe 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. UWe have not requested any further Construction. UWe 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 mylour original Home Equity Line of Credit Agreement and Disclosure Statement described above. h) UWe 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 Bank:, N.A. 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 Bank, N.A. 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/AvaUabWty of Fundi: If this Modification is completed, signed, notarized, and received by Countrywide Bank, N.A. 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 10/8/2006. If not 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 U.S.C. 6103(a). Initials & À., a -2- MODAGRBTH 4804 08/1712005 ~:I~I.¡..iìi¡''-¡\;¡;i itlii;m;~!~~~¡1lliillj .&"''' !::::::I::::::::~::'l;~ c::::::::::::::::::;~; ~Gm;~¡~;~%~f 09~3~~j,j~ OOOS6? LOAN NUMBER 63322180 6. Agreement to Correct Militated Documents, Provide Additional Documentation, or Feel: 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 otherwise missing, \Îpon 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 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. Requelt by Leader: 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 DeUver Documeats caa Coaltitute 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 Jf:!t ~ -3- MODAGRBTH 4804 08117/2005 09~:j~S1. 000568 LOAN NUMBER 63322180 IN WITNESS WHEREOF, this Modification has been duly executed by the parties hereto the day and year first above written. BORROWER(S) A / 1<V9¡';' ~ ~ tk- ~, Tr4.(sTe..~ ,Tpt.(STR€ ~ ANN AHRENS. TRUSTEE Date RONALD E (is. TRUSTEÊJ Date w;.,." ¡;,t4?ftJ.;~ w;.,... At~; ~/ Signature 0 Itnesa Signature of W IIness CO-OWNER(S) 10;' loG. 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 Acknowledgement for Borrower(s)/Owner(s) ~::~ ~ !t:;t()_ _ \ On (.Jf'Irh-; ~ ;JfY'fb , before me, b--D~yI.·(/ 7<. K;r\r"\ Date Name of Notary p¡fulic personally appeared r1ðr~ A",t'I Åhrl/) 5 cf- ~~ E Akrríl~ Naniê(s) of Borrower(s)/Owner(s) _ Personally known to me .K 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 ~ OFFI~IAL S, Signature µ)~t' ~~ Signature of Notary ~ is subscribed to WENDE R, tQNG. NOTARY PU8UO CounIytl . ..at IJnoaII ~.Il. My CommIIatIM!'xpIrII 0' J() ("'( 2t'Y'F} -4- MODAGRBTH 4804 0811712005 .:::::*~:..:::::;::::~ ..., ill - ",~Ò~; r~= :·:·:·:t-;:~>.:·:':·:': ~:~~i;!.~~~:: O~~~jb5'1 EXHmIT A 000569 A portion of the NW1/4 of H.E.5. No. 62 of Section 30, T35N, Rl18W, 6th P.M., located Northeast of the Town of Thayne, Lincoln County Wyoming and being more particularly described as follows: Beginning at a point 660.01 feet S 0 degrees 10' W From a BLM type monument found marking the Northwest corner of said H.E.S. No. 62; thence running N 89 degrees 48' 25" E, 660.66 feet to an iron pipe at; thence S 0 degrees 03' 40" W, 661.28 feet to an iron pipe set; thence 5 89 degrees 50' 11" W, 661.88 feet to an iron pipe set in the West line of last said B-.E.S. No. 62 and also being in the Muddy String County Road No. 12-117; thence N 0 degrees 10' E Along said West line 660.94 feet to the Point of Beginning. Together with rights-of-way for ingress and egress and utilities over, under and along a 30.00 foot wide strip of land adjacent to all sides of the above described property. ."t·