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HomeMy WebLinkAbout933053 Prepared By: Wells Fargo Bank, N.A. JENNIFER SULLIVAN DOCUMENT PREPARATION 18700 NW WALKER RD #92 BEA VERTON, OREGON 97006 866-537-8489 After Recording please return to: Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC B6955-013 Billings, MT 59107-9900 RECEIVED 9/12/2007 at 12:40 PM RECEIVING # 933053 BOOK: 672 PAGE: 16 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ParcellUPI #: 7182940038900 Property Address: 362 WOODEN SPUR Oo-OO~6 ALPINE, WYOMING 83128 \.,\ ?/ State of WYOMING {Space Above This Line For Recording Data} Account Number: 651-651-8167125-1998 Reference Number: 20072057500314 MODIFICATION TO HOME EQUITY LINE OF CREDIT AGREEMENT AND OPEN-END MORTGAGE This Modification Agreement (this "Agreement") is made this 16TH DAY OF AUGUST, 2007, between Wells Fargo Bank, N.A. (the "Lender") and MATTHEW B. HAIL, A SINGLE MAN (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 May 10, 2005, in the original maximum principal amount of $ 199,000.00. 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 of this Agreement), which is recorded in Book/Roll 587 at page(s) 155 of the County of LINCOLN County, State of WYOMING as document No. 908922 (the "Security Instrument"), and covering real property located at 362 WOODEN SPUR, ALPINE, WYOMING 83128 (the "Property") and described as follows: THE FOLLOWING DESCRIBED TRACT OF LAND IN LINCOLN COUNTY, STATE OF WYOMING, TO-WIT: LOT 22 OF THE GREYS RIVER VILLAGE SECOND ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED JULY 22,1991 IN THE OFFICE OF THE COUNTY CLERK AS INSTRUMENT NO. 797017. The Borrower has requested and the Lender has agreed to modify certain terms of the Line of Credit Agreement and the Security Instrument as set forth below. All terms not defined in this Agreement shall have the same meanings as set forth in the Line of Credit Agreement. IliìïïíìiiiIÎiillïiiiiììiliI11{'22/07) 1/5 Documents Processed 08-l4-2007, 19:06:00 In consideration of the mutual promises contained in this Agreement, the parties agree as follows: 000017 Change in Credit Limit. The Lender and the Borrower agree that the credit limit under the Line of Credit Agreement is hereby increased to $300,000.00 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 enumerated and disclosed on the attached final 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 perform 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 obligations 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 accommoda~ons 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. Ilïiüii~miïMœÎiillïl¡ilìooìliIIÜl/22/07) 2/5 Documents Processed 08-l4-2007, 19:06:00 ~~4 x7¿ Borrower MATTHEW B HAIL 00001.8 (Seal) (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower wellsFargoBaDk,N.A., ,J, '12~ BY:~"'ßU VV\SI fle ~a:Ji.O iL2 (Seal) ItS: ~Pe (Sf) (Ja I 73a1/ ¡¿'(!.Ý { {Acknowledgments on Following Pages } ~"lrliIThciÎoÎI.ìlïliilìùiïœln1/22/07) 3/5 Documents Processed 08-l4-2007, 19:06:00 FOR NOTARIZATION OF LENDER PERSONNEL STATE OF SO ) COUNTY OF .Æ~cÚ4v'ì1 ~ ss. On this A day of u IJ tI Ít< f' "1 in and for said county personally appeared " rl dP , to me personally known, who being by me duly (sworn or affinned) did say that that person is fJev-:S&IAJ /1.c,Þ'- {q_ of said association, that (the seal affixed to said instrument is the seal of said or no seai has been procured by said) association and that said instrument was signed an ealed on behalf of the said association by authority of its board of directors and the said acknowledged the execution of said instrument to be the voluntary act and deed of tarily executed. 00001.9 ;TrJ Notary Public State of My commission expires: ¿(~22- -( U KINe NOTARY PUBLIC STATE OF IDAHO 1IIIifÎlûliÎliœÎlluïiiilììlìIÎæiïl/22/07) 4/5 Documents Proc.essed 08-l4-2007, 19:06:00 FOR NOTARIZATION OF BORROWERS For An Individual Acting In HislHer Own Right: State of'.V~Íftg ) l'J ) ss County of d'Îadt.a "J- ) The foregoing instrument hi aCmedged before mf%.. I l{ . ~ '-{.I fÓ C this -Lk..day of ß-v'1 ,2067 Witness my hand and official seal. KEN STOUT NOTARY pueuo STATE OF IDAHO 000020 My Commission Expires: 02Z'f{) líli¡Îiiiiil¡~illïl¡illiiïllil/22/07) Documents Processed 08-l4-2007, 19:06:00 5/5