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Home My WebLink About930583 00 II.... 'tit THIS INSTRUMENT PREPARED BY: Laurie GrimesïlQ.? WIZPOP-Aí£ ~ PU>tND¡ Í)\ îS¿Pi.j Return To: Stewart Lender Services dba e- Title 290 Bilmar Drive Pittsburgh, PA 15205 RECEIVED 6/21/2007 at 11 :45 AM RECEIVING # 930583 BOOK: 663 PAGE: 66 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY LOAN NUMBER: 153353533 ASSESSOR PARCEL NUMBER: 3/1KJOdOOJ4t.{ ()Ò (SPACE ABOVE THIS 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 6/5/2007, between GEOFFORY D ANDERSON (the "Borrower(s)") and Countrywide Bank, FSB. ("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 GEOFFORY D ANDERSON and KRISTINE ANDERSON, HUSBAND AND WIFE AS TENANTS BY THE ENTIRETIES, dated 11/412006 and recorded 11/20/2006, in Book Number 640, at Page Number 857, as Document No. 0924650, 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: 1190 HIGHWAY 241, AFTON, WY 83110, 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: 1. Amendment to Credit Limit: My credit limit under the Home Equity Line of Credit Agreement and Disclosure Statement is modified to $46,500,00. 2. Amendment to Margin: The Margin used to determine my ANNUAL PERCENT AGE RATE is modified to 0,500 percentage points, 3. Representation of Borrower(s): Borrower(s) represent(s) to Countrywide Bank, FSB 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, (Hi) 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, FSB in writing; Initial~ ~ o.9.30s8J 000067 LOAN NUMBER 153353533 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 11/4/2006. In the event there are changes, Borrower(s) has/have notified Countrywide Bank, FSB 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; 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, IIwe 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 Bank, FSB 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 Bank, FSB 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 Bank, FSB 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 6/15/2007. 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). Initia~ 4 -2- MODAGRBTH 4804 08/17/2005 Q.9.30S83 000068 LOAN NUMBER 153353533 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 terms and conditions of the modification of the Loan, or is otherwise missing, upon 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, 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, Failure to Deliver Documents can Constitute Default: Borrower(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. Initial&i{. W -3- MODAGRBTH 4804 08/17/2005 O~J.:10583 000069 LOAN NUMBER 153353533 IN WITNESS WHEREOF, this Modification has been duly executed by the parties hereto the day and year first above written. ~~/,þ" /BORROWER(S) ~/Z.~o~ GEOFFORY I? ANDERSON Date Date ~ Witness Witness Signature of Witness CO-OWNER(S) The undersigned hereby consents to the execution of this Modification which serves to increase the lien amou~ect~~.,~ h !/~/ð7- KRIST NDERSO Date Date Witness Signature of Witness Notary Acknowledgement for Borrower(s )/Owner(s) c::... ~ _. r ~Cl.to h S 0\ l\J ø fc:t. .. y State of W ~t¿>"""\'1: "-> 0"Y1C'\ CL- I County of ¿;. _ ~dí_ ~ (", ~, ) OnJtA..\;\,~ \::1., ;;.0D'7 ,beforemeG-eDtÇ"".U, 0.. cff(t-~~-,~-AMet6O'l101 Date G r ±: 1.1 ¡q'ame of Notary Public D~ personally appeared ~o.ç ;-l>~ ~ I\).:.~ ~...~ 'T vtd efr'SCJ1.? is subscribed to Name(s) of Borrower(s)/Owner(s) _ Personally 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 hislher/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. "'" WITNES Sondro Jocob,on .' County of Lincoln Signature My Commitllon Expire.. Nolory Public SIal. of ~w"y~~ . () Ij -4- MODAGRBTH 4804 08/1712005 O(.30~-'''''¡ ; I . .....1"4 .. ~l:I'-M oooo~{o EXHIBIT A THE FOLLOWING DESCRIBED REAL ESTATE, SITUATE IN LINCOLN COUNTY AND STATE OF WYOMING, HEREBY RELEASING AND WAIVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE STATE TO WIT: THAT PART OF THE NW1/4NW1I4 OF SECTION 31, T31N, Rl18W OF THE 6TH P.M. LINCOLN COUNTY, WYOMING, BEING PART OF THE TRACT OF RECORD IN SAID OFFICE IN BOOK 232PR ON PAGE 502, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT TRACT09F RECORD IN SAID OFFICE IN BOOK 346PR ON PAGE 471, MARKED BY A SPIKE, ON THE WEST LINE OF SAID NW1I4NW1I4, S 00 DEG 26.6'E 198.00 FEET FROM THE NORTHWEST CORNER OF SAID NW1/4NW1I4 FOUND AS DESCRIBED IN THE CORNER RECORD FILED IN SAID OFFICE; THENCE CONTINUING S 00 DEG 26,6' E, 230.18 FEET, ALONG SAID LINE, TO A SPIKE; THENCE N 89 DEG 39.0'E, 39.63 FEET, PARALLEL WITH THE NORTH LINE OF SAID NW1/4NW1I4, TO A POINT ON AN EXISTING FENCE ALONG THE EASTERLY RIGHT OF WAY LINE OF STATE HIGHWAY6 241; THENCE CONTINUING N 89 DEG 39.0'E, 1284.96 FEET, TO A POINT ON THE EAST LINE OF SAID NW1/4NW1I4; THENCE N 00 DEG 19.6'W, 230.18, ALONG SAID EAST LINE, TO THE SOUTHEAST POINT OF SAID TRACT IN BOOK 346; THENCE S 89 DEG 39.0'W, 1284,01 FEET, ALONG THE SOUTH LINE OF SAID TRACT IN BOOK 346, TO A POINT ON AN EXISTING FENCE ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE CONTINUING S 89 DEG 39.0'W, 41.05 FEET TO THE SPIKE OF BEGINNING. WITH THE APPURTENANCES THERETO. APN# 31183020014400 f}\OtJ'~3118'30dOOIY\.. Od