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0079301982
RECEIVED 11/21/2008 at 12:03 PM
RECEIVING # 943773
BOOK: 709 PAGE: 536
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
OOG536
Prepared By:WELLS FARGO BANK, N.A., TORY CARROLL
3210 LAKE EMMA RD, 1ST FLOOR SUITE 312, LAKE MARY, FL 327463359
(407) 975-7300
Return To:WELLS FARGO HOME MORTGAGE
ATTN: SPECIAL LOAN SERVICES
MAC - X9998-013
2701 WELLS FARGO WAY
MINNEAPOLIS, MN 55467-8000
SECURITY INSTRUMENT
MODIFICATION AGREEMENT
This Agreement made this ~ day of NOVEMBER, 2008 , by and between
MARK DEE AND LISA TOMBLINSON, HUSBAND AND WIFE
''Ì
hereinafter called "Borrower" and WELLS FARGO BANK, N.A.
hereinafter called "Lender".
Recitals:
A. Lender is the owner and holder of the certain mortgage/deed of trust/security deed ("Security
Instrument") dated _ 12/07/07 . recorded in Book Page Public
Records of LINCOLN , WYOMING , which encumbers
property with a street address of 187 FAIRWAY AVENUE and legally described as
SEE ATTACHED EXHIBIT B
NMFL # 4165 (SIMA) Rev 12/2005
Page 1 of 3
êOv537
securing a debt evidenced by a promissory note ("Note") dated 12/07/07 , in the
original amount of $ 348/500.00 , which Security Instrument encumbers
property more particularly described in said Security Instrument.
B. Borrower, the owner in fee simple of all the property subject to Security Instrument, has
requested lender to modify the Note and the parties have mutually agreed to modify the terms
hereinafter set forth and in consideration of the sum of Ten Dollars ($10.00), each to the other in
hand paid, and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto mutually covenant and agree as follows:
1 . As of the date of this Agreement, the unpaid principal balance of the Note is
$ 348,500.00 and the interest has been paid to 11/13/08
[R] If this box is checked, the amendment and modification also reflects an additional advance
of new money, over and above the existing unpaid principal balance of the Note, in the
amount of $ 8/000.00
2. The terms and provisions of the Security Instrument are amended and modified in
accordance with the terms and provisions of Exhibit" A", attached hereto and incorporated
herein by reference entitled MORTGAGE
3. Nothing herein invalidates or shall impair or release any covenants, conditions, agreements
or stipulations in the Note and Security Instrument and the same, except as herein modified,
shall continue in full force and effect, and the undersigned further covenant and agree to
perform and comply with and abide by each of the covenants, conditions, agreements or
stipulations of the Note and Security Instrument which are not inconsistent herewith.
4. All Lender's rights against all parties, including but not limited to all parties secondarily
liable, are hereby reserved.
5. This Agreement shall be binding upon and shall inure to the benefit of the heirs, executors,
administrators and assigns of the Borrower and the successors and assigns of the lender.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto the day year
first above written.
Signed, sealed and delivered in the presence of:
~¡L
_~'NDhC~
"BORROWER"
f- 17- de
ll¡~,a~g
Date
Date
Date
NMFL # 4165 (SIMA) Rev 12/2005
Page 2 of 3
Signed, sealed and delivered in the presence of:
"LENDER"
êOûS3'S
s;- LÁÚr ~ 1-/-ì.n J==---
TRACEY HINSON
Title:
WT'l'I'iIRSS
Title:
VPLD
bate: 11 /1 ::I/OA
Date:
11/13/08
COUNTY OF
)
) 55.:
)
STATE OF
The foregoing instrument was acknowledged before me, on
MARK DEE AND LISA TOMBLINSON, HUSBAND AND WIFE
, by
Notary Signature
Notary Printed Name
My commission expires:
Official Seal:
STATE OF
F'r.nRTnn
)
) 55.:
)
COUNTY OF
SF-MINGLE
The foregoing instrument was acknowledged before me, on 11/13/08
TRACEY HINSON , as VPLD
, by
and
of
WELLS FARGO BANK, NA
, as
on behalf of said Lender.
!;¡~
\0, ,;,:f
Notary Public State or Florida
Tiffany Doss
My Commission D0458584
Expires 02127/2009
TIFFANY DOSS
Notary Printed Name
My commission expires:
Official Seal:
NMFL # 4165 (SIMA) Rev 12/2005
Page 3 of 3
GENERAL CALIFORNIA ACKNOWLEDGEMENT
STATE OF CALIFORNIA
00û539
COUNTY OF ~~(j
On ~ before me,
f1~c.._CL~~kL·
, (here imort Dam' ¡¡fl, of th, offi=)
{'f\~./\L (J¿"r ~~ \.A_~ ·Toro~t~~~ -
personally appeared
, who proved 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 same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
SUSAN C. CLARK
COMM. #1714501 ~
NOTARY PUBLIC· CALIFORNIA G)
MONTEREY COUNTY 0
COMM, EXPIRES JAN. 6, 2011 ..¿
Signature ,-J -(J.~/I_~W~
(Seal)
GENERAL CALIFORNIA ACKNOWLEDGEMENT
STATE OF CALIFORNIA
On
before me,
COUNTY OF
personally appeared
, who proved to me on the basis of satisfactory e . ence to be the person(s) whose name(s) is/are
subscribed to the within instrument and ackno dged to me that he/she/they executed the same in
hislher/their authorized capacity(ies), and t by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf ofwh' the person(s) acted, executed the Instrument.
RY under the laws of the State of California that the foregoing
J certify under PENALTY OF P
paragraph is true and correct.
Signature
(Seal)
00û540
PLANNED UNIT DEVELOPMENT RIDER
THIS PLANNED UNIT DEVELOPMENT RIDER is made this 13TH day of
NOVEMBER, 2 0 0 8 , and is incorporated into and shall be
deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security
Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to
WELLS FARGO BANK, N.A.
(the
"Lender") of the same date and covering the Property described in the Security Instrument and located at:
187 FAIRWAY AVENUE, THAYNE, WY 83127
[Property Address]
The Property includes, but is not Jimited to, a parcel of land improved with a dwelling, together with other
such parcels and certain common areas and faciJities, as described in COVENANTS, CONDITIONS AND
RESTRICTIONS
(the "Declaration"), The Property is a part of a planned unit development known as
STAR VALLEY RANCH AREA
[Name of Planned Unit Development]
(the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent
entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the
uses, benefits and proceeds of Borrower's interest.
PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as follows:
A. PUD Obligations. Borrower shall perform all of Borrower's obJigations under the PUD's
Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of
incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii)
any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when
due, all dues and assessments imposed pursuant to the Constituent Documents.
0079301982
MULTISTATE PUD RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Page 1 of 3 Init
VMP MORTGAGE FORMS - (800)521-7291
G-7R (0008)
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B. Property Insurance. So long as the Owners Association maintains, with a generally accepted
insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and
which provides insurance coverage in the amounts (including deductible levels), for the periods, and
against loss by fire, hazards included within the term "extended coverage," and any other hazards,
including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i)
Lender waives the provision in Sectidn 3 for the Periodic Payment to Lender of the yearly premium
installments for property insurance onl the 'Property; and (H) Borrower's obligation under Section 5 to
maintain property insurance coverage dm the Property is deemed satisfied to the extent that the required
coverage is provided by the Owners Association policy.
What Lender requires as a conditidn of this waiver can change during the term of the loan.
Borrower shall give Lender prOlhpt notice of any lapse in required property insurance coverage
provided by the master or blanket policy.
In the event of a distribution of p~operty insurance proceeds in lieu of restoration or repair following
a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are
hereby assigned and shall be paid to Ünder. Lender shall apply the proceeds to the sums secured by the
Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that
the Owners Association maintains a public liability insurance policy acceptable in form, amount, and
extent of coverage to Lender.
D. Condemnation. The proceeds of any award or claim for damages, direct or consequential,
payable to Borrower in connection with any condemnation or other taking of all or any part of the Property
or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the
Security Instrument as provided in Section 11.
E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's
prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or
termination of the PUD, except for abandonment or termination required by law in the case of substantial
destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii)
any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit
of Lender; (Hi) termination of professional management and assumption of self-management of the Owners
Association; or (iv) any action which would have the effect of rendering the public liability insurance
coverage maintained by the Owners Association unacceptable to Lender.
F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay
them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower
secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these
amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with
interest, upon notice from Lender to Borrower requesting payment.
G-7R (0008)
Œ1
Page 2 of 3
,",l~r
11(}
Form 3150 1/01
C:Oiì542
BY SIGNING BELOW, Borrower accepts and agrees
Rider.
4~i---
G-7R (0008)
@
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
LISA TOMBLINSON
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
Page 3 of 3
Form 3150 1/01
000543
SECOND HOME RIDER
THIS SECOND HOME RIDER is made this 13TH day of NOVEMBER, 2008
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of
Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the
"Borrower" whether there are one or more persons undersigned) to secure Borrower's Note to
WELLS FARGO BANK, N.A.
(the "Lender") of the same date and covering the Property described in the Security Instrument (the
"Property"), which is located at:
187 FAIRWAY AVENUE, THAYNE, WY 83127
[Property Address]
In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender
further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by
the following:
6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second
home. Borrower shall keep the Property available for Borrower's exclusive uSe and enjoyment at
all times, and shall not subject the Property to any timesharing or other shared ownership
arrangement or to any rental pool or agreement that requires Borrower either to rent the
Property or give a management firm or any other person any control over the occupancy or use
of the Property.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with
Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or
statements to Lender (or failed to provide Lender with material information) in connection with
the Loan. Material representations include, but are not limited to, representations concerning
Borrower's occupancy of the Property as Borrower's second home.
0079301982
MUlTISTATE SECOND HOME RIDER - Single Family·
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
.-365R (0011)
@
Page 1 of 2
VMP MORTGAGE FORMS - (800)521-7291
000544
BY SIGNING BELOW, Borrower accepts and grees to the tenus and provisions contained in this
Second Home Rider.
J!þvll-
DEE
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
G-365R (0011)
@
(Seal)
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
Page 2 of 2
Form 3890 1/01
Return To:
WFHM FINAL DOCS X9999-01M
1000 BLUE GENTIAN ROAD
EAGAN, MN 55121
Prepared By:
WELLS FARGO BANK, N.A.
OOG545
3210 LAKE EMMA RD, 1ST FLOOR
SUITE 312, LAKE MARY, FL
[Space Above Tills Line For Recording Data]
MORTGAGE
DEFINITIONS
EXHIBIT ONLY
DO NOT
EXECUTE
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated NOVEMBER 13, 2008
together with all Riders to this document.
(B) "Borrower" is MARK DEE AND LISA TOMBLINSON, HUSBAND AND WIFE
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is WELLS FARGO BANK, N .A.
Lender is a NATIONAL ASSOCIATION
organized and existing under the laws of THE UNITED STATES
Lender's address is P.O. BOX 11701, NEWARK, NJ 071014701
Lender is the mortgagee under this Security Instrument.
0079301982
WYOMING - Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
VMP@
Wolters Kluwer Financial Services
Initials:
Form 305t 1/01
VMP6(WY) (08031,00
Page 1 of 1 6
NMFL 3051 (WYCM) Rev 6/2008
00ó546
(D) "Note" means the promissory note signed by Borrower and dated NOVEMBER 13, 2008
The Note states that Borrower owes Lender THREE HUNDRED FIFTY SIX THOUSAND FIVE
HUNDRED AND 00/100 Dollars
(U.S. $ ****356,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than DECEMBER 0 I, 203 8
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. "
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
D Adjustable Rate Rider
D Balloon Rider
D VA Rider
D Condominium Rider [X] Second Home Rider
[X] Planned Unit Development Rider D 1-4 Family Rider
D Biweekly Payment Rider D Other(s) [specify]
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed. on Borrower or the Property by a condominium association, homeowners
association or similar organiz,ation.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even, if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
WYOMING· Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
VMP®
Wolters Kluwer Financial Services
Initials,
Form 3051 1/01
VMP6(WYI (0803),00
Page 2 of 16
COô547
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extens~ons and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender and Lender's successors and assigns, with power of sale, the following described property located
in the COUNTY of LINCOLN
[Type of Recording Jurisdiction]
SEE ATTACHED EXHIBIT B
[Name of Recording Jurisdiction]
TAX STATEMENTS SHOULD BE SENT TO:
11701, NEWARK, NJ 071014701
WELLS FARGO HOME MORTGAGE, P.O. BOX
Parcel ID Number:
187 FAIRWAY AVENUE
THAYNE
(" Property Address"):
which currently has the address of
[Street]
[City], Wyoming 83127 [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
WYOMING - Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
VMP@
Wolters Kluwer Financial Services
Initials:
Form 3051 1/01
VMP6IWY) 108031.00
Page 3 of 16
EXHIBIT "B"
(:00548
LOT TWENTY (20) OF STEWART COUNTRY CLUB ESTATES PHASE 1, AS RECORDED APRIL 14,2004 AS DOCUMENT
NUMBER 898491 AND MAP NUMBER 315-B rN THE OFFICE OF THE CLERK, LrNCOLN COUNTY, WYOMrNG,
AL T A Commitment (6/17/06)
c§!2Y'!~·