HomeMy WebLinkAbout934581
THIS INSTRUMENT PREPARED BY:
Kristy Huynh
RECEIVED 11/2/2007 at 2:39 PM
RECEIVING # 934581
BOOK: 677 PAGE: 584
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
Recording Requested by & 000584
When Recorded Return To:
US Recordings, Inc.
2925 Country Drive
St. Paul, MN 55117
'-\l_JLl9f7D
LOAN NUMBER: 150301420 ASSESSOR PARCEL NUMBER: 1b )9 ..1 ~.:;~ ~ () lÐó
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
'ítO':f:- rCf3"1+ IO}ZFt
MODIFICATION AGRE1[MENT TO HOME EQUITY LINE OF CREDIT AGREEMENT AND
DISCLOSURE STATEMENT
I
This ModificatioIl,Agreement (this "Modification") is made as of 10/25/2007, between BRIAN J HUNTER
and MELISSA MHUNTER (the "Borrower(s)") and Countrywide Bank, FSB. ("Countrywide"), and
amends and supplements that certain Home Equity Line of Credit Agreement ¡md Disclosure ~tement,
and that certain Mortgage which states the property is vested in BRIAN J HUNTER and MELISSA M
HUNTER, HUSBAND AND WIFE AS TENANTS BY THE ENTIRETY, dated 9/25/2006 and recorded
10/24/2006, in Book Number 638, at Page Number 39, as Document No. 923676, in the Official Records of
the County of LINCOLN, State of Wyoming (the "Security Instrument"), and covering the real property
with a commonly known address as: 39 MEAGAN ROAD, ALPINE, WY 83128, and more specifically
described as follows: ~
SEE "EXHffiIT A" ATTACHED HERETO AND INCORPORATED HEREIN.
In consideration ofthe mutual promises and agreements of the parties hereto, together with other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Amendment to Credit Limit: My credit limit under the Home Equity Line of Credit Agreement and
Disclosure Statement is modified to $24,660.00.
2. Amendment to Margin: The Margin used to determine my ANNUAL PERCENTAGE RATE is
modified to 0.000 percentage points.
3. Representation of Borrower(s): Borrower(s) represent(s) to Countrywide Bank, FSB that:
a) Except for the Security Instrument and any prior liens identified in the Security Instrument,
there are no other liens, encumbrances or claims against the Property other than (i) real
property taxes that are paid current and not due or owing, (ii) easements, (iii) homeowners
association covenants, conditions and restrictions, and (iv) local government or municipal
assessments and development bonds;
b) There has been no increase, amendment or modification of any liens prior to the Security
Instrument other than those agreed to by Countrywide Bank, FSB in writing;
Iw4 ittJ
000585
LOAN NUMBER 150301420
c) I am/We are the only owner(s) of the Property: there are no other family members or non-
family members who own any interest in the Property. Additionally, Borrower(s) represent
that there are no changes in title or vesting since the origination of this loan on 9/25/2006. In
the event there are changes, Borrower(s) has/have notified Countrywide Bank, FSB of such
changes prior to the completion of this modification;
d) . There are no buildings, fences, overhangs, wall or other structures from other land coming
onto or encroaching on the Property. There are no buildings, fences, overhangs, walls or
other structures from the Property which are going onto or encroaching onto any other
properties or onto any easements running over or under the Property;
e) I/We have paid for all cost, expense's and other sums owed for any and all construction,
improvements, rehabilitation, remodeling, or other work done to, on, at, or in the Property
including for labor, material, and supplies (collectively, the "Construction"). Currently, there
is no Construction occurring. I/We have not requested any further Construction. IIWe will
not have any Construction done or allow any to be done prior to closing this Modification;
t) I/We understand that homestead property is in many cases protected from the claims of
creditors and exempt from sale at foreclosure and that by signing this contract, I/we
voluntarily give up my/our right to the protection of the property with respect to claims based
upon this contract;
g) If Lender has not required my/our current income documentation, I/we certify that mylour
current income has not decreased since the time of my/our original Home Equity Line of
Credit Agreement and Disclosure Statement described above.
h) I/We certify that the representations set forth in this Modification agreement are true and
correct as of the date opposite my/our signature(s) and that Countrywide Bank, FSB has been
notified of any necessary changes. Any intentional or negligent misrepresentation(s) may
result in my/our loan being in default, civil liability and/or criminal penalties.
4. Limited Effect:The parties agree that this Modification shall be construed narrowly and limited to the
items expressly modified herein. Except as expressly provided for by this Modification, all tenns,
requirements and obligations of the Home Equity Line of Credit Agreement and Disclosure Statement
and the Security Instrument, and all rights of Countrywide Bank, FSB under, remain in full force and
effect, unaltered by this Modification. Capitalized tenns in this Modification have the same meaning
as in the Home Equity Line of Credit Agreement and Disclosure Statement.
5. Effective Date/Availability of Funds: If this Modification is completed, signed, notarized, and
received by Countrywide Bank, FSB within ten (10) calendar days after the date first written above, it
will be effective ten (10) calendar days after the date first written above 11/4/2007. If not received
within that time, the Modification is null and void. If! do not exercise my right under Federal law to
rescind this transaction, the increase in the amount of funds available due to the modification of my
credit limit will be accessible after midnight of the third business day following the Effective Date,
unless that day is a Saturday,. in which case, the funds will be available the next business day. For
purposes of this section, "business day" means all calendar days except Sundays and legal public
holidays specified in 5 V.S.C. 6103(a).
'I
Initi~
-2-
MODAGRBTH 4804 0811712005
000586
LOAN NUMBER 150301420
6. Agreement to Correct Misstated Documents, Provide Additional Documentation, or Fees:
Borrower(s) agrees as follows: If any document is lost, misplaced, misstated, inaccurately reflects the
true and correct tenns and conditions of the modification of the Loan, or is otherwise missing, upon
request of the Lender, Borrower(s) will comply with Lender's written or oral request to execute,
acknowledge, initial, and deliver to Lender any documentation Lender deems necessary to replace or
correct the lost, misplaced, misstated, inaccurate or otherwise missing document(s). Borrower(s)
agrees to deliver the documents within ten (10) days after receipt by Borrower(s) of a written or oral
request for such replacement. Borrower(s) also agrees that at any time, upon request by Lender,
including at the time of loan pay-off, Borrower(s) will supply additional amounts and/or pay to Lender
any additional sum previously disclosed to Borrower(s) as a cost or fee associated with the
modification of the Loan, which for whatever reason was not collected at the time this modification
was entered into ("Fees"). This agreement supplements any other similar agreement that was entered
into by Borrower(s).
7. Request by Lender: Any request under Paragraph 6 of this agreement may be made by the Lender,
(including assignees and persons acting on behalf of the Lender) or Settlement Agent, and shall be
prima facie evidence of the necessity for same. A written statement addressed to Borrower(s) at the
address indicated in the loan documentation shall be considered conclusive evidence of the necessity
for the Documents.
8. Failure to Deliver Documents can Constitute Default: Borrower(s) failure or refusal to comply with
the tenns of the correction request may constitute a default under the note and/or Deed of Trust, and
may give Lender the option of declaring all sums secured by the loan documents immediately due and
payable.
Wti~
-3-
MODAGRBTH 4804 08117'2005
000587
LOAN NUMBER 150301420
IN WITNESS WHEREOF, this Modification has been duly executed by the parties hereto the day and year
first above written.
Witness
~---_.
Signature ofWitncss
W-,/l \.k\ v\\-'c~~$
~
OWER(S) ~ '
~/lI.Ii~ ftJt;-slo7
LISSA M HUNT ate
4d~
r&i y:¡:;r;;hl.cÚ,Ç.
Witness
CO-OWNER(S)
The undersigned hereby consents to the execution of this Modification which serves to increase the lien
amount on the Subject Property.
Date
Date
Witness
Witness
Signature of Witness
Signature of Witness
Notary Acknow~e..d~ement for Borrower(s)/Owner(s)
State of (!7 ¡t:::{a ~
County of 7~ f "l.. Æ-'\'
On /'() - ~ $- ð7 -7 , before me, Le .IV e /~ r /~ ~ ~ j
Date :5 Nam;J. NotfY Public
personally appeared 8"./41) :7"/rf~l'Jfe". ,q..nd ./1le/':a(¡ It¡ OYII T.er is subscribed to
Name(s) of BOITowcr(s)/Owncr(s)
_ Personally known to me
- ~ved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the sanie in hislher/their authorized capacity(ies), and that by hislher/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS MY HAND AND OFFICIAL SEAL
~~
Signature
Signature of Notary Public
~'l L..(eJnY¡C~lS
Notary Public
Stat, of Oklahoma '+
LETUN HEINRICHS
LeA ÇOfJNtY
oCow.J881ON "'''7
lit. .
"L
-4-
MODAGRBTH 4804 08/1712005
-,I
--- - - ~ - - - - - - --- ~ --, - - -
_ " "J ~ ___'_ _
, 'J' , , , ..--' ~ -
~ '-~ - - - - ~ - . -~ - -- ::;~ - ~-.~ - '-'-::: ~ - - .
LOAN NUMBER 15l>:?O/4zD
,OOÒ58B
LENDER
COUnttywide Bank, FSR
Notary Acknowledgment for Lender
State of Texas
County of Collin
, before me S~an H Shelden ,
rg, Vice President'ofCol\ntrywide Bank, FSB, A New York Corporation,
the person whose name is subscribed to the within instrument and
he executed the same in hislber authorized capacity, and that by hislber
e person, or the entity upon behalf of which the person acted, executed the
Si I
SUSAN H. SHElDEN
- MY COMMISSION EXPIRES
AUGUST 11, 2008
-5-
MODAGRBTH 4804 0811712005
Exhibit" A":
000589
~ LOT"27 TRAI:C CREEK SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT
PLAT F~LËD APRIL 3, 2002 IN THE OFFICE OF THE LINCOLN COUNTY CLERK AS PLAT
NO....l.96F.
"
'q
111111111111111111111111111111111111111111111111111111111I1III1I11I1I1111111111111111111
U42349510-01HP06
MODIFIC AGREE MEN
LOAN# T007-127374
us Recordings