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Home My WebLink About932643 IIIIIIIIIIIIIIIIIIIIIIIIIIIII~ 111111111111111 ~IIIIII 5015314+6 00429228044865 DUBISZ, JAMES MODIFICATION AGREEMENT RECEIVED 8/30/2007 at 1:14 PM RECEIVING # 932643 BOOK: 670 PAGE: 574 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WHEN RECORDED MAIL TO: JPMorgan Chasa Bank, N.A. Retail Loan Servicing KY2-1606 P.O. Box 11606 Lexington, KY 40576-1606 000574 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY 429228044865 MODIFICATION AGREEMENT THIS MODIFICATION AGREEMENT dated July 26, 2007, is made and executed between JAMES D DUBISZ and AMY L DUBISZ, whose addresses are 424 MEADOWS DRIVE, ALPINE, WY 83128 and 424 MEADOWS DRIVE, ALPINE, WY 83128 (referred to below as "Borrower"), JAMES D DUBISZ, whose address is 424 MEADOWS DRIVE, ALPINE, WY 83128 and AMY L DUBISZ, whose address is 424 MEADOWS DRIVE, ALPINE, WY 83128 (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 August 6, 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 6, 2004 and recorded on August 12,2004 in book 564, on page 708, in Recording/Instrument Number 901926, 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: i TAX ID# 3718-28-3-04-006.00 I I LOT 17, THREE RIVERS MEADOW~ ESTATES SUBDIVISION A, AS PLATTED AND RECORDED IN THE OFFICE OF THE LINCOLN COUNTY CLERK, LINCOLN COUNTr, WYOMING. The Real Property or its address is c~mmonly known as 424 MEADOWS DRIVE, ALPINE, WY 83128. The Real Property tax identification number is 3718-28-3-04-0f6.00. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, Borrower, GrantorlTrustor and Lender hereby agree as follows: ! The Equity Line Agreement is hereby amended to change the amount of credit available to Borrower ("Credit Limit"l to $192,415.00. The Mortgage is hereby amended to state that the total amount secured by the Mortgage shall not exceed $192,415.00 at anyone time. As of July 26, 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%. 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: al three (3) years from the date of this Modification Agreement shown above; or bl five (51 years from the date your Equity Line Agreement was signed. CONTINUING VALIDITY. Except as expressly modified above and by previous modification(sl, if any, specJfied 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, novatìon 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 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.I; 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 JULY 26, 2007. BORROWER: X ~umK. ~.I'Id':> ---- " Loan No: 429228044866 IVIUUIt-I\,;A IIUN A\.:iHI:I:MI:N I ( Continued) 000575 Page 2 X AM GRANTOR: x .,--~] - ~ JAMES D DUBISZ, Individually LENDER: X ~~ J ~ ~ ~ ~ \J.JJ/ JPMorgan Chase Bank, N.A. Will Salisbury ~ INDIVIDUAL ACKNOWLEDGMENT STATE OF LtJ I Dm In 6, 1-, Y\LÐL...Y\ JACKIE L. KASTNER· NOTARY PUBLIC County of _ State of Lincoln . Wyoming My Commission Expires June 2, 2011 COUNTY OF SS On this day before me, the undersigned Notary Public, personally appeared JAMES D DUBISZ and AMY L DUBISZ. 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. y h nd and official seal this ~ day of Notary Public In and for the State of L.J ~om \ Y\ c", "J l.A.L..j ,20 b':f Residing et L \ Y\ C. 0 L.. y\. Ú;J I W yo My commission expires ~ U \1\ £.. J.. , J..tÐ l \ . By INDIVIDUAL ACKNOWLEDGMENT STATEOF~Om\Y\~ JACKIE L. KASTNER· NOTARY PUBLIC County of .. State of Lincoln . Wyoming My Commission Expires June 2, 2011 SS I COUNTY OF k\ V\ LoLY\ On this day before me, the undersigned Notary Public, personally appeared JAMES D DUBISZ and AMY L DUBISZ, 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 ...~ ho... "'~ ....... ~ ~ --2!' 'tb day of -=r U L ~ . 20 01- . By ~{/W ~~ Residing at J,..1V\lOL..Y\. Lo ,.I..it1D Notary Public In and for the State of W =' 0 Y'cî \ (\ 4 My commission expires J U V\ l .l. \ .l.Ð ( \ LENDER ACKNOWLEDGMENT STATE OF !ren-luC¡!-¡c..¡ COUNTY OF ¡;; Lf e./-fe On this :;) J day of , 20 ú1 , before me, the undersigned Notary Public, personally appeared 'II Salisbu and known to me to be the , authorized agent for the Lender that executed the withi 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 said Lende . #- By Residing at ,~ My commission expires . SS lAS8I PAD lending, v.. 1.11.40.01 P:\cftb'\leMrPfO\CfI\lPl\G20I.FC ""·øe031718 PR·MODNDEWY