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HomeMy WebLinkAbout930230 I ÎH ml 1111 II II IH ~II 1IIII 3792513+4 00426370290831 JORGENSEN, RICK MODIFICATION AGREEMENT 00054.1 WHEN RECORDED MAIL TO: JPMorgan Chase Bank, N.A. Retail Loan Servicing KY2-1606 P.O. Box 11606 Lexington, KY 40576-1606 RECEIVED 6/11/2007 at 12:42 PM RECEIVING # 930230 BOOK: 661 PAGE: 543 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY 00426370290831 MODIFICATION AGREEMENT THIS MODIFICATION AGREEMENT dated April 11, 2007, is made and executed between RICK W JORGENSEN and DEANA V JORGENSEN, whose addresses are 214 W MILL CIR, ALPINE, WY 83128 and 214 W MILL CIR, ALPINE, WY 83128 (referred to below as "Borrower"), RICK W JORGENSEN AND DEANA V JORGENSEN, HUSBAND AND WIFE, whose address is 214 W MILL CIR, ALPINE, WY 83128 (referred to below as "Grantor"), and JPMORGAN CHASE BANK, N.A. (referred to below as "Lender"). RECIT ALS Lender has extended credit to Borrower pursuant to a Home Equity Line of Credit Agreement and Disclosure Statement dated August 16, 2004, (the "Equity Line Agreement"). The debt evidenced by the Equity Line Agreement is secured by a Mortgage/Deed of Trust/Security Deed dated August 16, 2004 and recorded on August 30,2004 in book 0566, on page 12, in Recording/Instrument Number 902399, in the office of the County Clerk of LINCOLN, Wyoming (the "Mortgage"). REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in LINCOLN County, State of Wyoming: ParcellD Number: 3718-294-03-019-00 LOTS 70 AND 71, PAllS PARK SUBDIVISION, ACCORDING TO THE OFFICAL PLAT THEREOF RECORDED IN THE COUNTY RECORDER'S OFFICE OF LINCOLN COUNTY, STATE OF WYOMING. - The Real Property or its address is commonly known as 214 W MILL CIR, ALPINE, WY 83128. The Real Property tax identification number is 3718-294-03-019-00. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, Borrower, Grantor/Trustor and Lender hereby agree as follows: The Equity Line Agreement is hereby amended to change the amount of credit available to Borrower ("Credit Limit") to $80,000.00. The Mortgage is hereby amended to state that the total amount secured by the Mortgage shall not exceed $80,000.00 at anyone time. As of April 11, 2007 the margin used to determine the interest rate on the outstanding unpaid principal amount due under the Equity Line Agreement shall be -0.26%. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction, novation or partial release of the Equity Line Agreement secured by the Mortgage. It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Credit Line Agreement, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. IDENTITY OF ORIGINAL LENDER. Unless Lender or a predecessor in interest purchased the Borrower's Equity Line Agreement from an unaffiliated third party, the original Equity Line Agreement was entered into by and between Borrower and one of the following named lenders: JPMorgan Chase Bank, N.A.; JPMorgan Chase Bank; Chase Manhattan Bank USA, N.A. (now known as Chase Bank USA, N.A.); The Chase Manhattan Bank; The Chase Manhattan Bank, N.A., Chemical Bank; Chemical Bank, N.A.; Bank One, N.A.; Bank One, Arizona, N.A.; Bank One, Colorado, N.A.; Bank One, Illinois, N.A.; Bank One, Indiana, N.A.; Bank One, Kentucky, N.A.; Bank One, Louisiana, N.A.; Bank One, Oklahoma, N.A.; Bank One, Utah, N.A.; Bank One, West Virginia, N.A.; Bank One, Wisconsin, N.A.; or Bank One, Wheeling-Steubenville, N.A. JPMorgan Chase Bank, N.A. was formerly known as JPMorgan Chase Bank, The Chase Manhattan Bank and Chemical Bank. JPMorgan Chase Bank, N.A. is successor by merger to all the "Bank One" entities as well as The Chase Manhattan Bank, N.A. Chase Bank USA, N.A. is successor by merger to Chemical Bank, N.A. JPMorgan Chase Bank, N.A. also acquired certain Equity Line assets from Chase Bank USA, N.A. In any event, JPMorgan Chase Bank, N.A. is the owner of the Borrower's Equity Line Agreement and is authorized to enter into this Modification Agreement. APPLICABLE LAW. Except to the extent that federal law shall be controlling, Borrower's rights, Lender's rights, and the terms of Borrower's Credit Line Agreement, as changed by this Modification Agreement, shall be governed by Ohio law. For purposes of allowable interest charges, 12 U.S.C. Section B5 incorporates Ohio law. BORROWER AND GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION AGREEMENT AND BORROWER AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION AGREEMENT IS DATED APRIL 11, 2007. BORROWER: xtk:J RICK W JORGEN Loan I\Jo: OÖ426370290831 MODIFICATION AGREEMENT (Continued) 000544 Page 2 O~302,30 Recording Requested By: JPMorgan Chase Bank. NA x '::1/ ~- / 12.-- ~ AuthJi;;d-a;er . ,. HAZEL BUSH LENDER: INDIVIDUAL ACKNOWLEDGMENT STATE OF ~DfY\ il19 COUNTYOF~ I I SS I KATHRYN ROMMEL- NOTARY PUBLIC County of ~ State of Teton . WJ¡0]ing My Commission Expires g C4 ('J 1Y On this day before me, the undersigned Notary Public, personally appeared RICK W JORGENSEN and DEANA V JORGENSEN, to me known to be the individuals described in and who executed the Modification Agreement, and acknowledged that they signed the Modification as their free and voluntary act and deed, for the uses and purposes therein mentioned." . Given un er my hand and offici seal this day of -liPfI \ ' 20 b ì By Residing at PO. ~ gobZt, 'Jà~, li>' 83DDZ Notary Public in and for the State of My commission eXPires~ l.t> JO<b" INDIVIDUAL ACKNOWLEDGMENT STATE OF l;)YQIIA, Îf1{ COUNTY OF ~ ) I SS I KATHRYN ROMMEL· NOTARY PUBLIC County of State of Teton W~ming My Commission Expires ß (p 10 Sf' On this day before me, the undersigned Notary Public, personally appeared RICK W JORGENSEN and DEANA V JORGENSEN, to me known to be the individuals described in and who executed the Modification Agreement, and acknowledged that they signed the Modification as their free and voluntary act and deed, for the uses and purposes therein mentioned. Q . Given der my hand and officia eal this t"-. day of Pr' \ ' 20 0 -::r Residing a,pO J3D.Á éfB,D'Jà.~lDY g~z.... My commission expires %J (plot¡¡ By Notary Public in and for the State of_l0Y0tttJ'/21 lENDER ACKNOWlEDG OPpU~I^~ ¡mAl. JENNIFER SMITH Nor AFN PU~~IC -I\ENTUCKY STATE·AT·l.ARGE My Comm. Expires 9-24-2008 I 1? .)fl·'t~ I S S \~~" ~~ .J.¡-, I''Ç~~ - ~~ On this . 0 d.yof (ì \ ,20aJ ,b,fm. m" th, """",,,,",dt/o\'!)' !"bllo, ,",,,",IIy/ appeared .. '" and known to me to be the c.~ ~z:-- authorized agent for the Len er that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of the said Lender, duly authorized by the Lender through its board of directors or otherwise, for the uses and purposes therein mentioned, an n 0 h state ha he or. she is authorized to execute this said instruml IJJ: ..and thaLt.he seal affixed is the corporate seal of s . der. J -,Morgan l,;ha~e BanI< NA 201 East Main Street Lexington. KY 40507 COUNTY OF STATE OF Residing at By My commission expires LASER PRO LllftdlnU. Vel. &.19.40.Q6 Copr. Hlrlend FInInGI" SulUllonl, Ino. 1887, 2007. All Rlghtl Rlllrved: . WY/IOH N:\CFIB1\LASERPRO\CFI\LPI.\0201.FC TR·B372880B PR·MOONDEWY