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Home My WebLink About932434 IIIIIII ~IIII~~ IIIIII~II UIII~~ I~IIIIIII ~IIIIII 4886601+5 00426800013749 HUTCHISON, MICHAEL MODIFICATION AGREEMENT WHEN RECORDED MAIL TO: JPMorgan Chase Bank, N.A. Retail Loan Servicing KY2-1606 P.O. Box 11606 Lexington, KY 40576-1606 RECEIVED 8/24/2007 at 10:58 AM RECEIVING # 932434 BOOK: 669 PAGE: 842 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000842 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY 426800013749 MODIFICATION AGREEMENT THIS MODIFICATION AGREEMENT dated July 17, 2007, is made and executed between MICHAEL W HUTCHISON and MELISSA D HUTCHISON, whose addresses are 118 W STREET, THAYNE, WY 83127 and 118 W STREET, THAYNE, WY 83127 (referred to below as "Borrower"). MICHAEL W HUTCHISON, whose address is 118 W STREET , THAYNE, WY 83127 and MELISSA D HUTCHISON, whose address is 118 W STREET , THAYNE, WY 83127; HUSBAND AND WIFE (referred to below as "Grantor"), and JPMORGAN CHASE BANK, N.A. (referred to below as "Lender"), whose address is 1111 Polaris Parkway, Columbus, OH 43240. RECITALS Lender has extended credit to Borrower pursuant to a Home Equity Line of Credit Agreement and Disclosure Statement dated April 24, 2007, (the "Equity Line Agreement"). The debt evidenced by the Equity Line Agreement is secured by a Mortgage/Deed of Trust/Security Deed dated April 24, 2007 and recorded on April 30, 2007 in book 656, on page 231, in Recording/Instrument Number 928876, 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: TAX ID# 3418-064-03- 105-00 LOT 112 IN STAR VALLEY RANCH PLAT 21, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF, TOGETHER WITH ALL BUILDINGS, IMPROVEMENTS AND APPURTENANCES THEREON SITUATE OR IN ANYWISE APPERTAINING THERETO. The Real Property or its address is commonly known as 118 W STREET, THAYNE, WY 83127. The Real Property tax identification number is 3418-064-03-105-00. 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 $50,000.00. The Mortgage is hereby amended to state that the total amount secured by the Mortgage shall not 'exceed $50,000.00 at anyone time. As of July 17, 2007 the margin used to determine the interest rate on the outstanding unpaid. principal amount due under the Equity Line Agreement shall be 0.25%. Your Credit Line Account may be charged the lesser of 1 % of your original Credit Line or $400 if you close your Credit Line Account within the earlier of: a) three (3) years from the date of this Modification Agreement shown above; or b) five (5) years from the date your Equity Line Agreement was signed. CONTINUING VALIDITY. Except as expressly modified above and by previous modification(s). if any, specified above, the terms of the original Agreement and 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 Agreement and Mortgage as amended 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 or any prior modification thereto 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 chunges 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 E~uity Line Agreement from an unaffiliated third party, the original Equity Line Agreement was entered into by and between Borrower élnd 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 purpuses 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 JULY 17,2007. BORROWER: ~' rlY\~~. i MELISSA 0 HUTCHISON, Indl~ ~~ Loan No: 426800013749 MODIFICA'IVI'II AGREEMENT (Continued) 000843 Page 2 GRANTOR: rJJ. ' ( 10LL. . dlt x.jJJ#K~UTCHlsoAndiv ualFv fl(5"r- :END~JjJ~ Authorized Signer M,'cha I M· . e annan JPMorgan Chase Bank, NA INDIVIDUAL ACKNOWLEDGMENT STATE OF LD'lDmi(ì~ -rdon ) ) SS CANDICE L. ZUMWALT· NOTARY PUBLIC County of rt~ State .of Lincoln ~ Wyoming My Commission Expires '3 -L C{ -0 ( COUNTY OF On this day before me, the undersigned Notary Public, personally appeared MICHAEL W HUTCHISON and MELISSA D HUTCHISON, HUSBAND AND WIFE, 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 ha~d and official seal this -D+n day of :r u ly , 20 0 7 By enrNiJJ:.Q. 'õf. ~f'rC\HViU-- Residing at-=re\-o \) en) \DiD ffi\n 7' Notary Public in and for the State of lO't. D {'Il \ n ~ My commission expires 3 ~ I q ~o c¡r' INDIVIDUAL ACKNOWLEDGMENT STATE OF ~l ON\'l rt~ COUNTY OF --r -e. ~ 0 Y"\ ) SS ) .... CANDICE L. ZUMWALT - NOTARY PUBLIC County of State .of Lincoln ~omlng My Commission Expires :s -Ie¡ -0 'is'' On this day before me, the undersigned Notary Public, personally appeared MICHAEL W HUTCHISON and MELISSA D HUTCHISON. HUSBAND AND WIFE, 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 \î -I- h day of :::r tJ l"-{ , 20 0 7 . By ~N\Al~Q. '(f - ~±- Residingat -re4-0f\ C.() LD-tO\'t\.It'\9 Notary Public in and for the State of Wi om\t'ìj My commission expires '3 -l q -0 ~ STATE OF I~ LENDER ACKNOWLEDGMENT COUNTY OF KENTUCKY FAYETTE ss ) OFFICIAL SEAL DAMIAN McPHERSON NOTARY PUBLIC-KENTUCKY 9TA TE·AT·LARGE My Comm. bpll.. J~ly 10, 2011 On this ~. d~y of Sr, 20 . , before me, the undersigned Notary Public, personally appeared and known to me to be the LeV1<jer , authorized agent for the Lender that executed t 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 th t he or she is authorized to execute this said instrument and that the seal affixed is the corporate seal Ofr1:ender.._ . r/y. I~ R..id;"ø" Ú'~ ~ My commission expires . V 1/ þ"" ublic In and for the State of LASER PRO lending. VfK. '.18,40,08 Copr. 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