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Home My WebLink About927370 u ....;¡ ,.....) Èt>{¡ "0 c: (t) 'J::: 1:.1 ~ B J~ e¿ r.~ ,.i. glJ La f5 ,jj ~ >, -ceti '" u 1:;' .- V) ::s I::! ~L) ).) G,) "ü u E ,!:;; <'1 :'J '" V t.! <U <'1 0':;.;: "0 ..... VJ f-' '- <U ~u ~ "7 L( J Ui CI ,- t¿ ~--ff. /'1 000308 Record and return to: Prepared by: Susan Loveday-Honea Taylor, Bean & Whitaker 1417 N. Magnolia Ave. Ocala, Florida 34475 RECEIVED 3/6/2007 at 2:07 PM RECEIVING # 927370 BOOK: 650 PAGE: 308 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY TBW: 1559298 MERS: 100029500001559298-7 MORTGAGE MODIFICATION AGREEMENT WITH RELEASE THIS AGREEMENT, made and entered into this 27th day of February, 2007 by and between Pamela K. Moss, hereinafter referred to as mortgagor and "MERS" Mortgage Electronic Registration Systems, Inc, as nominee for Lender and Lenders successors and assigns, which has an office located at: 1417 N. Magnolia Ave, Ocala, Florida 34475, hereinafter referred to as mortgagee. WITNESSETH: WHEREAS, said Mortgagor and Taylor, Bean & Whitaker Mortgage Corp., as the lender, that said parties entered into a certain mortgage / security deed agreement (the "Mortgage" ) securing a note in the principal sum of One Hundred Fifty Thousand Dollars ($150,000.Oe> R(the "note") which Mortgage was dated February 1, 2007 and recorded February 7, 2007, in Deed Book 848, árpage 269 and/or instrument Number /receiving 926651, in the public records of Lincoln County, State of WY, in which Mortgage the lands securing said indebtedness were described as follows: (the "Original Legal Description"), to-witt: A parcel of land situated in the North half (N1I2) of Lot 3, of Section 4, T34N, R119W of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: BEGINNING at a point 40 rods North of the Southwest corner of said Lot 3 and running thence East 53 rods; Thence North 8 rods; Thence West 53 rods; Thence South 8 rods to the POINT OF BEGINNING. (original legal description) WHEREAS, the Original Legal Description is incorrect; and the Mortgagee and Mortgagor wish to amend the above legal description by substituting therefore the following legally described property (the "Correct Legal Description") and Mortgagor and Mortgagee have agreed to such amendments: Description: Moss 625-562 A portion of the Jenkins property, as referred to in the Deed recorded in Book 188PR on Page 663, and a portion of the Moss property, referred to in the Deed recorded in Book 625PR, on Page 562, with the Office of the Clerk of Lincoln County, Wyoming, within GLO Lot 4 (NW1I4 NWl/4) of Section 3, T35N, R119W, of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the Cotton Gin Spike marking the Lloyd B, Baker PEILS 598 2004 location for the Northwest Corner of the S1I2 of said Lot 4 thence N.oo34'54"E, along the East line of the SE1I4 of Section 22, T5S, R46E, of the Boise Meridian, Caribou County, Idaho 132,00 feet to a Cotton Gin Spike; thence S.89°19'53"E 883.40 feet to an Aluminum Cap on Iron Pipe; thence S.6°28'02"E 133.03 feet to an Aluminum Modification with Release Prepared by Susan Loveday-Honea Return to: Taylor, Bean & Whitaker, 1417 N. Magnolia Ave, Ocala, Florida 34475 Page 1 of3 09;'~-''''''70 000309 Cap on Iron Pipe marking a point in the North line of said S1I2 of said Lot 4; thence N,89°19'53"W, along said North line, 899.72 feet, to the Point of Beginning, containing 2.702 acres ofland. SUBJECT TO: The Right-of-Way Easement, as referred to in the Right-of-Way Easement recorded in Book 188PR, on Page 534, with said Office, for Thayne - Freedom County Road 12-125. (correct legal description) ALL OTHER PORTIONS OF SAID MORTGAGE I DEED OF TRUST REMAIN THE SAME NOW THEREFORE, in consideration of the premises, the mutual agreements contained herein, and with the express Wlderstanding that said Mortgage now held by Mortgagee is a valid, ftrst and subsisting lien which will not be impaired by this modiftcation, it is agreed between the parties hereto that the legal description of the land securing said Mortgage is amended from the Original Legal Description to the Correct Legal Description. In addition, the parties hereto agree to the following: 1) Mortgagee hereby releases any property described in the Original Legal Description which is not described in the Revised Legal Description from the lien of the Mortgage. The Mortgage will encumber the property described in the Correct Legal Description as if such property had originally been described in the Mortgage. 2) Mortgagor hereby covenants, promises, agrees, and reaffirms: (a) to pay the Note at the times, in the manner, and in all respects as therein provided; (b) to perform each and all of the covenants, agreements, and obligations in said Mortgage to be performed by the Mortgagor therein, at the time, in the manner, and in all respects as therein provided; and to be bOWld by each and all of the terms and provisions of said Note and Mortgage. 3) This Agreement does not constitute the creation of a new debt nor the extinguishment of the debt evidenced by said Note, nor does it in any way affect or impair the lien of said Mortgage, which Mortgagor acknowledges to be a valid and existing ftrst lien against the real property described in the Correct Legal Description as if such property had been originally described in the Mortgage and the lien of said Mortgage is agreed to continue in full force and effect, and the same shall so continue Wltil fully satisfted. 4) Notwithstanding anything herein to the contrary, this Agreement shall not affect nor impair any representation in regard to any warranty of title heretofore made by the Mortgagor, all of which shall remain in force and inure to the beneftt of the Mortgagee and any insurer of the title to the property described in the Correct Legal Description or the lien of the Mortgage thereon. 5) The word "Note" as used herein, shall be construed to mean note, bond, extension or modiftcation agreement, or other instrument evidencing the indebtedness herein referred to, and to include such instrument whether originally made and delivered to the Mortgagee or assigned and/or endorsed to the Mortgagee; and the word "Mortgage" shall be construed to mean mortgage, deed of trust, loan deed, or other instrument securing the indebtedness herein referred to, and to include such instrument, whether originally made and delivered to the Mortgagee as mortgagee, or made and delivered to some other mortgagee and purchased by the Mortgagee and now owned by the Mortgagee by virtue of any assignment to it. The "Mortgagor" referred to herein may be an original maker of the Note or any person obligated thereon by endorsement, assumption of debt, or otherwise. Modification with Release Prepared by Susan Loveday-Honea Return to: Taylor, Bean & Whitaker, 1417 N. Magnolia Ave, Ocala, Florida 34475 Page 2 on 0927J'-~O OUU'I10 This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors, heirs and assigns. ....... State of Florida County of Marion Before me, the undersigned, a Notary Public in and for the said County and State, personally appeared Susan Loveday-Honea, to me known, who, being duly sworn by me, did say that he is the VICE-PRESIDENT of the corporation named herein which executed the within instrument, that the seal affIxed to said instrument is the corporate seal of said corporation; and said instrument was signed and sealed on behalf of said corporation pursuant to its by-laws or a resolution of its Board of Directors and that he acknowledges said instrument to be the free act and deed of said corporation. Given under my hand and offIcial seal this instrument was acknowledged before me this 27th day of February, 2007 SHARON A. GRZYB MY COMMISSION' DO 537657 EXPIRES: April 26,2010 Bcndød ThN NoIIIry Public UndIIIYriI811 ~ t;;ì~t\~__ Notary Public: o.~ - IN WITNESS WHEREOF, the parties have hereunto set their hands and seal this day of ,2007. WITNESS FOR BORROWER: WITNESS FOR BORROWER: BORROWER: State of ~"i County of e-\o\J\ On this day personally appeared before me Pamela K, Moss, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as hislher/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and offIcial seal this instrument was acknowledged before me this \ c" t- day of ~ vulq 2007";'t1~~~~~~~~t7imf .~ r COUNT'" OF STATE OF 1~ -1J ~ L~:~~J;;J (j;~Pu lie Modification with Release Page 3 00 Prepared by Susan Loveday-Honea Return to: Taylor, Bean & Whitaker, 1417 N. Magnolia Ave, Ocala, Florida 34475