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Home My WebLink About931366 1111111111111111111111111111111111111111111111111111111 3722206+4 00426370288314 JENSEN, SHELLY MODIFICATION AGREEMENT OOOO~9 WHEN RECORDED MAIL TO: JPMorgan Chase Bank, N.A. Retail Loan Servicing KY2-1606 P.O. Box 11606 Lexington, KY 40576-1606 RECEIVED 7/18/2007 at 11: 18 AM RECEIVING # 931366 BOOK: 666 PAGE: 99 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY 00426370288314 MODIFICATION AGREEMENT THIS MODIFICATION AGREEMENT dated June 15, 2007, is made and executed between SHELLY W JENSEN and ALAN R JENSEN, whose addresses are 354 FOREST COUNTY RD 152, SMOOT, WY 83126 and 354 FOREST COUNTY RD 152, SMOOT, WY 83126 (referred to below as "Borrower"), ALAN R JENSEN JOINED HEREIN PRO FORMA BY SHELLY W JENSEN, whose address is 354 FOREST COUNTY RD 152, SMOOT, WY 83126 (referred to below as "Grantor"), and JPMORGAN CHASE BANK, N.A. (referred to below as "Lender"). RECIT ALS '7 Lender has extended credit to Borrower pursuant to a Home Equity Line of Credit Agreement and Disclosure Statement dated July 1, 2004, (the "Equity Line Agreement"). The debt evidenced by the Equity Line Agreement is secured by a Mortgage/Deed of Trust/Security Deed dated July 1, 2004 and recorded on July 16, 2004 in Recording/lnstrument Number 901120, 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: 3118-323-00-136-00 PARCEL 1: A PORTION OF THE SE1/4SW1/4 OF SECTION 32, T31 N, R118W, 6TH P.M., LINCOLN COUNTY, WYOMING, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 32, SAID POINT BEING 822.54 FEET WEST FROM THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE WEST 492.53 FEET; THENCE N 0 DEG., 09' 27" W, 330.001 FEET; THENCE EAST 493.44 FEET; THENCE SOUTH 330 FEET TO THE POINT OF BEGINNING, AS SHOWN ON A SURVEY AND PLAT THEREOF PREPARED FOR KIRK MITCHELL BY BAKER ENGINEERS, JULY, 1983. PARCEL 2: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE1/4SW1/4) OF SECTION 32, TOWNSHIP 31 NORTH, RANGE 118 WEST IN LINCOLN COUNTY, WYOMING, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH BOUNDARY LINE OF SAID SECTION 32 AT A POINT 330.00 FEET WEST FROM THE :.- SOUTH QUARTER CORNER OF SECTION 32, SAID POINT BEING THE SOUTHWEST CORNER OF THE SMOOT CEMETERY TRACT; AND RUNNING THENCE WEST, ALONG SECTION LINE, 492.52 FEET TO A SECOND IRON PIPE SURVEY MARKER; THENCE NORTH 1 DEG, 01' 24" WEST, 330.00 FEET; THENCE EAST 493.1 FEET TO AN IRON PIPE SURVEY MARKER MONUMENTING THE NORTHWEST CORNER OF THE SMOOT CEMETERY TRACT; THENCE SOUTH 0 DEG, 49', 24" EAST, 330.00 FEET TO THE POINT OF BEGINNING. The Real Property or its address is commonly known as 354 FOREST COUNTY RD 152, SMOOT, WY 83126. The Real Property tax identification number is 3118-323-00-136-00. 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 $160,000.00. The Mortgage is hereby amended to state that the total amount secured by the Mortgage shall not exceed $160,000.00 at anyone time. 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 85 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 JUNE 15, 2007. BORROWER: x 5fU1L<~ u ì ~.(J,iM ) SHELLY W JENSEN, Indi idually XA~'C.~ Loan r'Jo: 0042637028831:1. I..''''...... IV'"' I ""'"'11 '"'Ulu..L.lvn.I'II I (Continued) rage ¿, GRANTOR: x ;)/1¡ 1114; U) C\l M<J tLÆ) SHELLY W JENSEN, Individu~ly - ~ LE CJt I'IA I Q -. l11t-fhe.rrS O'vL INDIVIDUAL ACKNOWLEDGMENT STATE OF L.J\_\~ 'r'^..:" 0\ COUNTY OF L.- I'\JL¡) I f\. ) SS PAM BRAGG NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN WYOMING My Commission Expires March 13. 2010 On this day before me, the undersigned Notary Public, personally appeared SHELLY W JENSEN and ALAN R JENSEN, 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 under my hand and official seal this IS 'r:J... day of By ~"" ~CÃ-M- Notary Public in and for t~te of j L,v,-< ,20 0 '7 Residing at - ¡-Ci.I"V'·-('~J C·)YQ '-)l\a"J\ /'3 , ' / c?o/O (J{tS1V':~ My commission expires INDIVIDUAL ACKNOWLEDGMENT STATE OF l) ~ 'm. : I'- 0\ COUNTY OF /.....' \'-'-0 IV\. ) ) SS PAM BRAGG NOTARY PUBLIC COUNTY OF. STATE OF LINCOLN WYOMING My Commission Expires March 13. 2010 On this day before me, the undersigned Notary Public, personally appeared SHELLY W JENSEN and ALAN R JENSEN, 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. ~ under my hand and official seal this /61:11 day of ~ S~'-t , 20 C? ., By Residing at ~~A~ WJb j-{""\ 0---- c...h ) J ) \ ðo/IJ 1,-" )(~~:¡'1 My commission expires LENDER ACKNOWLEDGMENT STATE OF ) ) SS OFFICIIIL SEAL JONATHAN L. JOHNSON NOTARY PUBLIC-KENTUCKY STATE·A T·LARGE My Comm. Expires Jan. 11, 2010 COUNTY OF ~Y'i ~~ On this' day of A.. , 20 tJ , before me, the undersig d Notary Public, personally appeared " ;y I'a.,.., /N1. 6¡.JhP J,..-' and known to me to be the:> , authorized ag for the Lender 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, and on oath stated that he or she is authorized to execute this said instrument and that the seal affixed is the corporate seal of sa' Lender. R-V . /' /' . Residing at li¡<t "7f'tO/? My commission expires 1/ t/ / I D LASER PRO lending. V... 5,19..0.08 COpf. H.rland Fin.nol.! Solution., Ino. 1997,2007. Art Alghtl A.""v.d, . WYliOH N:\CFI81\LASERPAO\CFI\LPL\020U'C TR.e37!1!535!5 PA.MODNOEWY