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HomeMy WebLinkAbout930874 000263 Prepared By: Wells Fargo Bank, N.A. GINA fiLL DOCUMENT PREPARATION 11601 N BLACK CANYON HEY PHOENIX, ARIZONA 85029 866-537-8489 After Recording please return to: Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC B6955-015 Billings, MT 59107-9900 ParceYlJPI#:31183110102200 Property Address: 78461 US HIGHWAY 89 RECEIVED 7/2/2007 at 11 :24 AM RECEIVING # 930874 BOOK: 664 PAGE: 263 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SMOOT, WYOMING 83126 _State of WYOMING {Space Above This Line For Recording Data} Account Number: 654-654-2189097-1998 Reference Number: 20071517400132 MODIFICATION TO HOME EQUITY LINE OF CREDIT AGREEMENT AND OPEN-END MORTGAGE This Modification Agreement (this "Agreement") is made this 7TH DAY OF JUNE, 2007, between Wells Fargo Bank, N.A. (the "Lender") and JAMES D. KEELEY AKA JAMES DANIEL KEELEY AND MARLENE A. KEELEY, HUSBAND AND WIFE, AS JOINT TENANTS WIm FULL RIGHTS OF SURVIVORSHIP (individually and collectively, the "Borrower"). Borrower has entered into a home equity line of credit agreement (the "Line of Credit Agreement") with the Lender, dated April 15, 2002, in the original maximum principal amount of $ 20,000.00. The Line of Credit Agreement is secured by a Mortgage dated the same date as the Line of Credit Agreement (together with any renewals, extensions, and modifications to it made prior to the date ofthis Agreement ), which is recorded in Book/Roll 488 at page(s) 821 of the County of LINCOLN County, State of WYOMING as document No. 0880775 (the "Security Instrument"), and covering real property located at 78461 US HIGHWAY 89, SMOOT, WYOMING 83126 (the "Property") and described as follows: THE FOLLOWING DESCRIBED TRACT(S) OF LAND IN LINCOLN COUNTY, STATE OF WY, TO- WIT: LOT 3 OF COITONWOOD SUBDIVISION, AMENDED ACCORDING TO THE PLAT THEREOF FILED IN mE OFFICE OF THE COUNTY CLERK AND EX-OFFICIO REGISTER OF DEEDS OF LINCOLN COUNTY, WYOMING. IlmlrliuÎïi1Î1ûimiìüli¡ioo~ìlilimlil/22/07) 1/5 Documents Processed 06-12-2007, 11:36:27 ~~7 Cl 0.,.. __ _,.:J ,. 00264 The Borrower has requested and the Lender has agreed to modify certain tenns of the Line of Credit Agreement and the Security Instrument as set forth below. All terms not defmed in this Agreement shall have the same meanings as set forth in the Line of Credit Agreement. In consideration of the mutual promises contained in this Agreement, the parties agree as follows: Change in Credit Limit. The Lender and the Borrower agree that the credit limit under the Line of Credit Agreement is hereby increased to $45,000.00 and that the lien of the Security Instrument shall secure the line of credit up to that amount as it is advanced and outstanding from time to time. Each reference in the Security Instrument to the maximum amount of the line of credit is hereby amended to the extent necessary to reflect the modified credit limit. As a precondition to making the changes set forth above, the Borrower hereby agrees to pay to the Lender at the time of signing this Agreement the other finance charges and other charges that are enwnerated and disclosed on the attached fmal HUD Settlement Statement which is integrated by reference into this Agreement. Except as amended by this Agreement, all terms and conditions of the Line of Credit Agreement and the Security Instrument (including any previous modifications) shall remain in full force and effect, and this Agreement shall not affect the Lender's security interest in, or lien priority on, the Property. The Borrower agrees to be bound by and to perfonn all of the covenants and agreements in the Line of Credit Agreement and the Security Instrument at the time and in the manner therein provided. . This Agreement shall not be construed to be a satisfaction, novation or partial release of the Line of Credit Agreement or the Security Instrument. By signing this Agreement, the Borrower represents and warrants to the Lender that the Borrower has no counterclaims, set-offs or defenses to the Bank's rights under the Line of Credit Agreement or the Security Instrument. The Borrower agrees to payor reimburse the Lender for any and all fees payable to public officials in connection with this Agreement, and the recording thereof, including any mortgage registry tax that may be due. Borrower hereby acknowledges Borrower has received, read and retained a copy of the Agreement and the HUD Settlement Statement provided to me by Lender, all of which I agree to by signing this Agreement. This Agreement does not increase or extend any revolving credit insurance Borrower purchased in connection with the line of credit. Credit insurance means credit life, credit accident and health and/or credit disability insurance. Co- Trustor/Co-Mortgagor Liability. As to any Borrower who signed the Security Instrument, but who did not execute the Line of Credit Agreement (a "co-trustor/co-mortgagor"), this Agreement does not modify, change or terminate the nature of the co-trustor/co-mortgagor's obligation~ in connection with the line of credit. The co- trustor/co-mortgagor is not personally obligated to pay the debt evidenced by the Line of Credit Agreement and the Security Instrument (as renewed, extended, and amended hereby). The co-trustor/co-mortgagor agrees that the Lender and the Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of the Line of Credit Agreement or the Security Instrument (as renewed, extended, and amended hereby) without the co-trustor/co-mortgagor's consent. The Borrower and the Lender have executed this Agreement under seal as of the day and year first above written. tœïIW~~IÎmÎci~Oil¡iìiii¡il~ììlllil~1111/22/07) 2/5 Documents Processed 06-06-2007, 14:27:07 U'~JUC) I ~i' 00026~ BO=þ-~ (Seal) BO=~//;EL1rk¡ (Seal) (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower :*~:t~ Its: J .f-gT"'e "A1"11 '" 'e""" '-" (Seal) { {Acknowledgments on Following Pages } mœli~Îûliiil¡'¡illïl¡ilììilillïI1/22/07) 3/5 Documents Processed 06-06-2007,14:27:07 v.J308~ï/.k i FOR NOTARIZATION OF LENDER PERSONNEL i STATE OF It?I{O ,I..U~ ) I ) ss. COUNTY OF Lb\,CQ 11\ ) On this ~ day of J ~e.- , 20107 , before me, a lJ~ 'þtd,(k in and for said county personally appeared J A.. rs¡ , to me personally known, who being by me duly (sworn or affirmed) did say that that person is ~t- fer of said association, that (the seal affixed to said instrument is the seal of said or no seal has been procured by said) association and that said instrument was signed and sealed on behalf of the said association by authority of its board of directors and the said -.J~ A. ~tM- acknowledged the execution of said instrument to be the voluntary act and deed of said association by it voluntarily executed. , . ~ R..1Jø.. N t Pubhc Lvy6'~~~ State of My commission expires: Dc...-tober 2Lf I toO~ JARED B. GLEUE· NOTARY PUBLIC COUNTY OF &\ STATE OF LINCOLN ,. WYOMING MY COMMISSION EXPIRES OCT. 24, 2008 , ~mii~cÎÎlím1IUI11iiil~iilill~1/22/07) 4/5 Documents Processed 06-06-2007, 14:27:07 000266 093087A.t 000.267 FOR NOTARIZATION OF BORROWERS For An Individual Acting In HislHer Own Right: State of Wyoming ) ) ss County of L ,',.., (0/ ,.., ) The foregoing instrument was aclmowledged before me by I ' 4 :r~h1e...s P" ke-e--/@-y t7t11e1 ,/'I14r-LeY1E'- . / k~/e-y / this 7t.b.day of :r""Þ1e , 2007, Witness my hand and official seal. JEFFERY A. STRGAR " NOTARY PUBUC COUNTY OF. STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES h#frcJ, 2. -tZItiIf ~ C(. "'~ My Commission Expires: ft1AI""'C h :2 ~ '2. 00 q ItUI~i¡il~Ciiml¡)¡~ifi"iillìllliæ1111/22/07) 5/5 Documents Processed 06-06-2007, 14:27:07