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HomeMy WebLinkAbout945916 Prepared By: Wells Fargo Bank, N.A. CHRISTINA VILLEGAS DOCUMENT PREPARATION 11601 N BLACK CANYON HWY PHOENIX, ARIZONA 85029 866-537-8489 RECEiVED 3/18/2009 at 10:08 AM RECEIVING # 945916 BOOK: 717 PAGE: 790 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. wY OOi.j790 After Recording please return to: Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC B6955-013 Billings, MT 59107-9900 Parcel/UPI #: 3419-104-000-2400 Property Address: 305 SOUTHBROOK DRIVE 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: 654-654-0172296-1998 Reference Number: 20090307500009 This Modification Agreement (this "Agreement") is made this 27TH DAY OF FEBRUARY, 2009, between Wells Fargo Bank, N.A. (the "Lender") and GEORGE W. SANDBERG AND SUZANNE M. SANDBERG, HUSBAND AND WIFE, AS JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP (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 August 05, 2004, in the original maximum principal amount of $ 25,000.00. 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 0566 at page(s) 202 - 207 of the County of LINCOLN County, State of WYOMING as document No. 902508 (the "Security Instrument"), and covering real property located at 305 SOUTHBROOK DRIVE, THAYNE, WYOMING 83127 (the "Property") and described as follows: THE FOLLOWING DESCRIBED TRACT OF LAND IN LINCOLN COUNTY, STATE OF WYOMING, TO-WIT: LOT 8 OF SOUTHBROOK RANCHES SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED SEPTEMBER 5, 1990 AS PLAT NOS. 335-1 AND 335-2 IN THE OFFICE OF THE LINCOLN COUNTY CLERK. tmlœrIÎr~cii~ml~1i~iiliilìiñf¡liI11I/21/09) 1/5 Documents Processed 02-27-2009, 10:22:46 00ú791 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 defmed in this Agreement shall have the same meanings as set forth in the Line of Credit Agreement. In co~sideration of the mutual promises contained in this AgreemJt, 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 $35,000.00 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 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 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. ~rnl~flm~lIfI~I¡ìull~Î'¡i~il¡il~~ìl~i~~~1~1~/21/09) 2/5 Documents Processed 02-27-2009, 10:22:46 The Borrower aD¡d the Lender have executed this Agreement under seal as of the day and year fIrst above writt~\ /: r 0···· 79"") .I /.../' ,.,' "'.J V ¥f,, .J,:,~""."", ,.- . ." t,.,.-_ -Borrower / -Borrower Wells Fargo Bank, N.A. By: '1 f'/þu A\f( (Seal) Its: { {Acknowledgments on Following Pages } ~MI~lri~rfì¡~mllrn'¡~il"~i¡i~~~ìlmfllllll"f/21/09) 3/5 Documents Processed 02-27-2009, 10:22:46 FOR NOTARIZATION OF LENDER PERSONNEL STATE OF !Jr: ·:to I'\- Cv ) ../I ) ss. COUNTY OF If It!.,." ; Co f7~ ) On this b'f"- day of rr1 ~ rcJ"L. , 200'1 before me, a #0 fz:t r Y in and for said county personally appeared .. ) ",t & 1-: }'\ m en,5ti rI ,to me personally known, who being by me duly (sworn or affirmed) did say that that person is fJ ve 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 si~ned and sealed on behalf of the said association by authority of its board of directors and the said /J- V ~ acknowledged the execution of said instrument to be the voluntary act and deed of said association by it voluntarily executed. (\ /L~-"Ç' ,/1 / ,,' ~ ./ t~ l:/.L-' 1..'r 0 h V(.. . Notary Public C_. State of c..o·'''; 79:1 "..,. V u My commission expires: 31 h-!IÒ CHERYL L McGREGOR Notary Public - Arizona Maricopa County Expires 03/15/10 tIrnm~~i~~cii~II"~Îfüì~ì~1iÎltl~~ilmf¡~II,,~1~/21/09) 4/5 Documents Processed 02-27-2009, 10:22:46 FOR NOTARIZATION OF BORROWERS For An Individual Acting In HisIHer Own Right: State of tV y ,-") Þ1!I L' "-':I County of { " \1\.(1,<) I v\.. This instrument was acknowledged before me on po(.' {¡; ~(.uë( v'J .;1Î. J to q(date) by 6' t' 0 r S<- LV Set (.{ ,J ~-e r j c¿ Vl ,1 S L( ?' c.{ V\ l-t <:. '-/;11. ,~cu, j r/.w rj ,~ 0""794 ',,' \)1 , (name(s) of persons). c.... ..-.oN ".." "'*" ~'c:ounJY þ , wvom!~ , My COÌ'M'llNIóÌ'I~.Explr.. s:::..l"µP/Ç.. ,,"'] .~, /}iz-ú,.dûß/ L;¿:-t{.it~ IA- Notary Public (Seal, if any) ,,., My Commission Expires: S-' -../ <'" -,;16 I U IE~œ~iiûïì~111¡i~iül~¡il~lìI1200mlï~/21/09) 5/5 Documents Processed 02-27-2009, 10:22:46