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Home My WebLink About933927 WHEN RECORDED MAIL TO: USAA Federal Savings Bank Home Equity Collateral Maintenance 10750 McDermott Freeway San Antonio, TX 78288-0558 RECEIVED 10/10/2007 at 3:12 PM RECEIVING # 933927 BOOK: 675 PAGE: 189 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000189 "\ t .." MORTGAGE LOAN MODIFICATION AGREEMENT TO CORRECT STREET ADDRESS For All States l ') .. ,,# ~~r (,) i '" This Mortgage Loan Modification Agreement ("Agreement" or "Modifiçation" or "Modification Agreement"), made effective the August 14, 2007 (the "Effective Date") between Diana M. Spencer - Taylor, the address of each of whom is as stated in the Credit Agreement or Security Instrument, defined below, ("Obligor," whether one or more) and USAA Federal Savings Bank, 10750 McDem10tt Freeway, San Antonio, Texas, 78288 ("USAA FSB" or "Lender"), modifies, amends and supplements (l) the Mortgage, Deed of Trust, Security Deed, or Deed to secure Debt (the "Security Instrument") dated May 16, 2007 and recorded at Lincoln County, State of Wyoming Recorded on June 4, 2007, Instrument Number 929999, Book 660, Page 550 and (2) the Home Equity Line of Credit Agreement, the Equity Line of Credit Agreement and Disclosure, the Promissory Note, or Note bearing the same date as, and secured by, the Security Instrument (the "Credit Agreement"), which covers the real and personal property described in the Security Instrument and defined therein as the Real Propeliy or Property, evidencing the home equity loan made by USAA FSB to BOlTower(s) as identified in the Credit Agreement effective August 14 2007 (the "Loan"), the real property described in said Security Instrument being set fOlih in Exhibit A, attached hereto and made a pmi hereof. In consideration of the mutual promises and agreements exchanged, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed by and among the parties as follows: 824710 2/26/02 Page 10f6 1. The CUlTent outstanding principal balance of the Credit Agreement as of June 22. 2007 is $ 35.000.00. 000190 2. It has come to the attention of the parties that the street address of the Property as described in the Security Instrument and the Credit Agreement is not COlTect. The street address of the Propeliy as it appears in the Credit Agreement and the Security I Instrument is as follows 153A Aspen Hill Dr (the "Original Street Address")0 ..Þ1itu.~.J~ .~th" bï tl~ A A ~ The street address of the Property should be as follows 153A Alpine Dr. (the "Corrected Street Address"). Therefore, the street address of the Propeliy contained in the Security Instrument and the Credit Agreement is hereby modified to provide the COlTected Street Address. This Mortgage Loan Modification Agreement is being executed and recorded to COlTect the street address of the Real Propeliy or Property and to clear up any clouds on the title to the property described by the Original Description. To the extent that the lien of the Security Instrument is deemed a cloud on title on the property des.cribed by the Original Street Address, this Agreement shall release said propeliy, but in any event shall encumber and constitute a lien on the property described by the COlTected Street Address, and for that purpose BOlTower does hereby MORTGAGE, GRANT, BARGAIN, PLEDGE, ASSIGN, TRANSFER, SELL, AND CONVEY to USAA FSB, or, if the Security Instrument is a Deed of Trust, to the Trustee named in the Security Instrument in trust, with power of sale, for the benefit of USAA FSB, the Propeliy described above as the COlTected Street Address. 3. Except as otherwise expressly modified hereby, all terms and provisions of the Credit Agreement and Security Instrument are ratified and confinlled and shall remain in full force and effect, enforceable in accordance with their tenllS as hereby modified. To the extent of any conflict between the Credit Agreement and Security Instrument, on the one hand, and this Agreement, on the other hand, this Agreement shall control. Obligor represents and walTants that as of the effective date of this Agreement no default exists in the Credit Agreement or Security Instrument. 4. Obligor hereby agrees to observe, comply with and perfon11 all of the obligations, ten11S and conditions under or in connection with the Credit Agreement and Security Instrument executed by Obligor, as modified hereby. Obligor hereby reaffinlls to USAA FSB each of the representations, walTanties, covenants, and agreements contained in the Credit Agreement, Security Instrument, or any or all other documents executed in connection with the Loan, with the same force and effect as if each were separately stated herein. This Agreement is not intended to be a satisfaction and replacement of the existing obligation, but rather a modification, amendment, and supplement of the existing obligation. 824710 2/26/02 Page 2 of6 5. Obligor hereby acknowledges and agrees that the liens and security interests of the Security Instrument and any other documents and instruments executed in connection with the Loan securing the Note are valid and subsisting liens and security interests and are superior to all other liens and security interests against the property and any other collateral to which they attach, with the sole exception of any indebtedness secured by encumbrances of record on the date of the Security Instrumentand of which Obligor made Lender aware prior to closing of the Loan (if any and if such indebtedness is still unsatisfied), and they are hereby renewed and extended and carried forward in full force and effect. [An "X" is placed before the following Paragraph No.6 if it applies:] 0001.91. _ 6. As a condition to USAA FSB's agreements and obligations hereunder, Obligor acknowledges and agrees that a fully executed and enforceable Endorsement to the Mortgagee Title Policy issued by [name of title company] and dated effective [date] correcting the street address of the Property as described above as the Con-ected Street Address has been or is being delivered to USAA FSB at no cost to USAA FSB. The Endorsement must be satisfactory to USAA FSB and must insure that the policy coverage has not been reduced or tenl1inated by virtue of this Agreement. 7. This Agreement shall be binding upon and shall inure to the benefit of the parties, their respective heirs, representatives, successors and assigns. 8. In the event the enforceability or validity of any portion of this Agreement, the Credit Agreement, the Security Instrument, or any other documents executed in connection with the Loan, all as modified hereby, is challenged or questioned, such provision shall be construed in accordance with and shall be governed by whichever applicable federal or state law would uphold or would enforce such challenged or questioned provision. 9. THIS AGREEMENT AND ALL OF THE LOAN DOCUMENTS, AS HERETOFORE OR HEREIN MODIFIED, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 10. In the event the term, "Obligor," represents more than one person, then the tenl1S of this Modification Agreement are undertaken by each and every person, and all duties under this Modification Agreement are joint and several. All references to the singular include the plural; all references to the masculine include the feminine. 824710 2/26/02 Page 3 of6 IN WITNESS WHEREOF, the undersigned have executed this agreement in one or more counterparts, each of which shall be deemed an original and all of which together will constitute one and the same instrument, on the dates set forth in the acknowledgments below, to be effective as of the date first above written. LENDER: 0001.92 USAA FEDERAL SAVINGS BANK :,;1 .--' B~QtV'L Jesdc Saldana Account Services Specialist OBLIGOR: ¡.ß~.~o:j7JL ~~ ¿~ ;J.{)tJl Diana M. Spencer - Taylor Date (J I LJtUí~j¡yl.~~ßd ~ ~f:.l~Ò,· fl::oo;7 '(:;I" Date c:7 STATE OF TEXAS § § COUNTY OF BEXAR § This instrument was acknowledged before me on the 14th day of August, 2007 by Jessica Saldana, Account Services Specialist of USA A FEDERAL SAVINGS BANK, a federal savings bank, on behalf of said fedñ savir a k I Cynthia . h Notary P lie on and for the State ofT xas My Commo si 11 Expires: 06-26-2010 824710 2/26/02 Page 4 of6 STATE OF ~ N~·"Y\.."'{...- § § § 0001.93 COUNTY OF ì¡Z;Tot-l BEFORE ME, the undersigned authority, on this day personally appeared Diana M. Spencer - Taylor, known to be to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this the ..).~ r-L day of l}u-('IJ'':>-c .:t..::Iô 1 '~ J.Á- Notary Public in and for The State of LJ'i,..\y"-,0....- Printed Name of Notary: IL. w~n.- My Commission Expires: 1(''),.. "I-Co ~ K WALKER NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN WYOMING My Commission Expires November 29. 2008 824710 2/26/02 Page 5 of6 000194 SCHEDULE "A" 000555 H142A568 THE FOLLOWING DESCRIBED PREMISES, SITUATE IN COUNTY OF LINCOLN AND STATE OF WYOMING, TO WIT: THE FOLLOWING DESCRIBED TRACT OF LAND IN LINCOLN COUNTY, STATE OF WYOMING, HEREBY RELEASING AND WAIVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE STATE. To-wrT: UNIT A OF LOST ELK TOWNHOUSE n ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING ACCORDING TO THAT PLAT FILED OCTOBER 25,2002 IN THE OFFICE OF THE COUNTY CLERK AS PLAT NO. 191-D. SUBJECT TO RESTRICTIONS, RESERVATIONS, ËASEMENT, COVENANTS, Oil, GAS OR MINERAL RIGHTS OF RECORD, IF ANY. TITLE HELD BY: DIANA M. TAYLOR, A SINGLE WOMAN PARCEL: 37182.930932100 824710 2/26/02 Page 6 of6