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HomeMy WebLinkAbout945218 Prepared By: Wells Fargo Bank, N.A. JASMINE S WILSON DOCUMENT PREPARATION .11601 N. BLACK CANYON HWY PHOENIX, ARIZONA 85029 866-537-8489 006256 .-1 11 , ;. .~ 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 2/12/2009 at 10:27 AM RECEIVING # 945218 BOOK: 715 PAGE: 256 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ~I e, , ParcellUPl #: 39189230100700 Property Address: 154 CANYON PINES WAY THAYNE, WYOMING 83127 State of WYOMING {Space Above This Line For Recording Data} MODIFICATION TO HOME EQUITY LINE OF CREDIT AGREEMENT AND OPEN-END MORTGAGE Account Number: 654-654-8447683-1998 Reference Number: 20083447500039 This Modification Agreement (this "Agreement") is made this 8TH DAY OF JANUARY, 2009, between Wells Fargo Bank, N.A. (the "Lender") and WILLIAM J. BOOTS AND MARILYN R. BOOTS, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES (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 June 17, 2004, in the original maximum principal amount of $ 100,000.00. 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 560 at page(s) 881 of the County of tINe ON County, State of WYOMING as document No.900784 (the "Security Instrument"), and covering real property located at *Lincoln 154 CANYON PINES W AY, THAYNE, WYOMING 83127 (the "Property") and described as follows: THE FOLLOWING DESCRIBED REAL ESTATE, SITUATE IN LINCOLN COUNTY AND STATE OF WYOMING, HEREBY RELEASING AND WAIVING ALL RIGHTS UNDER AND BY VIRTUE OF THE m~rn~IWI~I~II~I~IÎI~IIÏlI~IOOii~iIIHllrni¡III~lli~I~I~III~1111 / 15/200 8) 1/5 Documents Processed 01-16-2009,10:57:36 û00257 HOMESTEAD EXEMPTION LAWS OF THE STATE, TO-WIT: LOT 20, PLAT 13, STAR VALLEY RANCH, A RECORDED, PLATTED SUBDIVISION OF LINCOLN COUNTY, WYOMING. 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. In consideration of the mutual promises contained in this Agreement, the parties agree as follows: Change in Credit Limit. The Lender and the Borrower agree that the credit limit under the Line of Credit Agreement is hereby increased to $125,000.00 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 Agree1!lent 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-mOligagor agrees that the Lender and the Borrower may agree to extend, modify, forbear or make any accommodations 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. 1t!~rnlrn~IWI~I~~~I~~ÎIII¡IÏiI~II¡11I~~III~I~¡lm¡IIIIÌlIIÌI ~~~I~III~~II / 15/2 00 8) 2/5 Documents Processed 01-16-2009,10:57:36 ûOû258 The Borrower and the Lender have executed this Agreement under seal as of the day and year first above written. :.~ Lt£~ ßuùs-- :mAM~BOÕ-J ¡f M- MARlL ~ÒTS Wells Fargo Bank, N.A. By da.wpwc/ LACEY LU K Its: VP Loan Documentation ( Seal) {Acknowledgments on Following Pages 1t!@~IWfl~f¡~lijflllìliijlrnlj¡m ¡IIIMllrnmÍlilli1IÌ1lm~~ìlll~llll/15/200 8) -Borrower -Borrower Documents Processed 01-16-2009, 10:57:36 3/5 FOR NOT ARIZA nON OF LENDER PERSONNEL STATE OF Montana ) ) ss. COUNTY OF Yellowstone ) ûOU259 On this 30th day of January ,20M, before me, a Notary Public in and for said county personally appeared Lacey Lueck , to me personally known, who being by me duly (sworn or affirmed) did say that that person is VP Loan Doc of said association, that (the seal affixed to said instrument is the seal of said or no seal has been procured by said) association and that said instrument was signed and sealed on behalf of the said association by authority of its board of directors and the said VP Loan Doc acknowledged the execution of said instmment to be the voluntary act and deed of es ·on~unt~"uted Marla a 19an My commission expires: 09/10/2012 IÌI~~OO loofll~~I~lllmìlïlììlimìw~llilliliiloolt~ÌlI~I~IIII~llij~ll/l5/2008) Documents Processed 01-16-2009, 10:57:36 4/5 FOR NOTARIZATION OF BORROWERS For An Individual Acting In His/Her Own Right¿ State ofWyuu";ng )tJ\I ) ss County of ~ ) The foregoing instrument was acknowledged before me by r'J"-"_-rz W i \ \, Q.M.,. ""3, 'òco -t-? \"'-o..r~ \"( (\ ~ 'DC[) , ~ this 12Li.day of ::s- ~. , 20~ Witness my hand and official seal. (£JY My Commi"ion EXPire~ I ~ 2-D I ( PATRICIA DICK NOTARY PUBLIC - STATE OF NEVADA COUNTY OF CLARK I APPT. No. 99-55723-1 , MY APPT. EXPIRES JUNE 14,2011 OOI~I~lilflf¡~"lijln!Ïllijl~¡If¡Íli~¡II~lrn¡ilill~llil~~III~IIIM11/15/2008) ÜOö260 Documents Processed 01-16-2009,10:57:36 5/5