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Home My WebLink About945925 £~ 1'3.5 "E~ M:r.~ /;J¡) ~- r:: r:: 0 0 'ä;: ~ ¡;:;. ..a I? v .~ ~ g ~~ ~ (j -::J v <f:' 'C C<t !r;; r.; '" c~ ~ <U o ,~ ""C:S ,-- ~ I--'~ "-. <U ¡:: u .~ < .~ Prepared By: Wells Fargo Bank, N.A. TRACEY SMITH LOAN SPECIALIST 85 CLEAVELAND RD PLEASANT HILL, CALIFORNIA 94523 800-400-3339 RECEIVED 3/18/2009 at 11 :28 AM RECEIVING # 945925 BOOK: 717 PAGE: 809 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ~er Ree8Pè~ ploað" ,Glmll tel: Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC B6955-013 Billings, MT 59107-9900 When recorded mail to: Equity Loan Services, Inc. 1100 Superior Avenue, Suite 200 Cleveland, Ohio 44114 Attn: Recording Coordinators C"O;';'C>OQ '.." '-'0 ç.,,)) Parcel/UPI #: 3518-304-09-006-00 Property Address: 638 VISTA EAST DR STAR VALLEY RANCH, WYOMING 83127 _State of WYOMING 2AC¡ 130óçz MODIFICATION TO HOME EQUITY LINE OF CREDIT AGREEMENT AND OPEN-END Mortgage {Space Above This Line For Recording Data} Account Number: 117-117-0476536-1998 Reference Number: 20090347100083 This Modification Agreement (this "Agreement") is made this 3RD DAY OF MARCH, 2009, between Wells Fargo Bank, N.A. (the "Lender") "and STEPHEN K. SMURTHW AITE AND SUSAN J. SMURTHW AITE, TRUSTEES OF THE SMURTHWAITE FAMILY TRUST UNDER TRUST AGREEMENT DATED OCTOBER 16, 2000 . ,," 'ì ¡ ; ( I) L i. r~ t,~ ~.'\. ;,., (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 December 01, 2008, in the original maximum principal amount of $ 50,000.00. 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 711 at page(s) 44 of the County of LINCOLN County, State of WYOMING as document No. N/A (the "Security Instrument"), and covering real property located at 638 VISTA EAST DR, STAR VALLEY RANCH, WYOMING 83127 (the "Property") and described as follows: THE LAND AFFECTED BY TillS INSTRUMENT IS THE SAME AS SET FORTH IN THE DEED OF TRUST HEREIN ABOVE REFERRED TO. Itn1mrlim1iÎiÎlIi~111¡ilii~¡~mli/21/09) 1/6 Documents Processed 03-10-2009, 13:09:51 (;IOú81.0 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 $135,000.00 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. Change in Margin. The Lender and the Borrower agree that the Margin on the line of credit, as specified in the Line of Credit Agreement, is hereby increased to ONE AND ONE HUNDRED TWENTY~FIVE THOUSANDTHS 'OF ONE PERCENTAGE POINT (1.l25%) as of the date of this Agreement. This may result in an increase in the Daily Periodic Rate, corresponding Annual Percentage Rate and Minimum Payment. 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 lI1strument 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. Aß 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 dO,es 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-mortgagòr 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 2/6 Ilïi¡li~¡ïinl.llïl¡iliìiíllllf/21/09) Documents Processed 03-10-2009, 13:09:51 ". n .,.'. 81.'<;~ ~:.'vV· Ji.. 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. The Borrower and the Lender have executed this Agreement under seal as of the day and year fIrst above written. -Borrower -Borrower Wells Fargo Bank, (Seal) By: Its: { {Acknowledgments on Following Pages } ílliìIÎæÎi~iI1iI11Iiiliii211~lïf/21/09) 3/6 Documents Processed 03-10-2009, 13:09:51 FOR NOTARIZA nON OF LENDER PERSONNEL STATE OF (j:\L I roQ.µIj\. ) ) ss. COUNTY OF ~ A ~ v\ \1(;,.. t> ) On this ~ day of Mt'\'f\.C H· ,200<4, before me, a \-..J"Î\oíL" ?LJ 'eU L in and for said county personally appeared VA'" \\7 ç~.s \ , to me personally known, who being by me duly (sworn or affirmed) did say that that person is \7~~., ~ Pr \... 0~ K ~f 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 P ~ ,'.. M." I1AIV \(,10:"",,- acknowledged the execution of said instrument to ~.e voluntary act and dee.~ o~ said association by it voluntarily executed. ?If:-.. J. R'C ~ ' C 1\ \... \ f-o íl ~ \ Pr Notary Public State of ÜO{)¡81.2 .. . '¡oJ(,v "I I,; 1....:> \ u My conumsslon explfes: J,.. I 'r""-.J"'ro...-"'-~--"'----^..-"" .J"<.................A.. ;....J>....~1.: ~.. PERCIVAL ALAN SIOCO ~ v COMM. #1707339 ~'. (~. · NOTARY PUBLIC - CALIFORNIA (;ì '5 SAN DIEGO COUN'TY 0 }v "'...,.'-.,. C~M~ ~~E~N~'ð~~ ~ íllufiûc¡iinIÎiìlï1ìiiiììÎnmii2/21/09) 4/6 Documents Processed 03-10-2009, 13:09:51 FOR NOTARIZATION OF BORROWERS (:Oó~:1..3 For An Individual Acting In His/Her Own Right: State of t:~\...\ rtI o.t.q JI. County of 51>r¡..) V\ ~ \.) This instrument was acknowledged before me on (V\Þ{{l.vl4- \ I t LV 0 ("'\ (date) by ç~'\1l.').j It<.. ~~vtlí\-\wA\n1 t..}...)þ çiJ~""1I..j J ,{i-l)Q.r\-lINAITt'" (name(s) of persons). 0) . PERéìvÁÌ. MÂN SIÔC~ . COMM. # 1707339 ... t'J. : NOTARY PUBLIC· CALIFORNIA ø '5 SAN DIEGO COUNTY 0 'J ~ ~ ~ '." C~M~ ~~E~~.~.!O~ '/ I~~/J~ ·f Notary Public (Seal, if any) ~w . '2..5' I 20 \ Ò My Commission Expires: Ilïll¡fi~iilinllimiÜiiiliìi2Imlï2/21/09) 5/6 Documents Processed 03-10-2009, 13:09:51 Reference: 20090347100083 Account: 117-117-0476536-1998 (:Oú814 Wells Fargo Bank, N.A. THIRD PARTY RIDER THIS THIRD PARTY RIDER is made on MARCH 03. 2009 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 Trustee(s) to secure the Debt Instrument from STEPHEN K SMURTHW AITE And SUSAN J SMURTHW AITE (individually and collectively referred to as the "Debtor") to Wells Far!0 Bank. N.A. (the "Lender") of the same date and covering the property described in the Security Instrument (the "Property") and located at: 638 VISTA EAST DR. STAR VALLEY RANCH. WYOMING 83127 [property Address] In addition to the covenants and agreements made in the Security Instrument, the undersigned Trustee(s) and Lender further covenant and agree as follows: With respect to the SMURTHWAITE FAMILY (the "Trust"), the Security Instrument constitutes a third party mortgage/deed of trust and grant of security interest by the undersigned as Trustee(s) of said Trust in the Property to secure the Debt Instrument of the Debtor to the Lender. Consequently, references in the Security Instrument to "Borrower" refer to the undersigned Trustee(s) and the Debtor if the context in which the term is used so requires. Without limiting the generality of the foregoing, the use of the term "Borrower" in the context of warranties, representations and obligations pertaining to the Property shall refer to the undersigned Trustee(s). The use of the term "Borrower" in the context of the requirements under the Debt Instrument shall refer to the Debtor. Except with respect to the obligation(s) of the undersigned as individuals, and not as Trustee(s), with respect to the Debt Instrument before the date first set forth herein above and the obligation(s) of the undersigned as individuals with respect to. the Debt Instrument prior to the transfer of the Property into the Trust, the Trust and the undersigned, as Trustee(s), are not liable for the debt evidenced by the Debt Instrument and are a party hereunder only insofar as their interest in the Property is made subject to the Security Instrument. Further, revocation of the Trust, transfer of the Property by the Trust, or death of any Debtor shall constitute an event of default under the Security Instrument. By signing below, the undersigned Trustee(s) accept(s) and agree(s) to the terms and provisions contained in this Third Party Rider. ,;,/ - /;/ ..._",<:.?./.)/ .<:/.~. ."0,. __...c..·..·c,v >" -'/ _..~..~~ . . STEÞH7'Š'MVRt~AITE - CJ/ #- šúf~'f ~~ìfWAI ~. Attach this Rider to the Security Instrument before Recording lìliiiïií.Î.iiiliÎllïïï.l,i) 1/1 Documents Processed 03-10-2009,13:09:51 (;0081.5 EXHIBIT A SITUATED IN THE COUNTY OF LINCOLN AND STATE OF WYOMING: LOT 66 OF STAR VALLEY RANCH PLAT 6, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. Permanent Parcel Number: 3518-304-09-006-00 STEPHEN K. SMURTHWAITE AND SUSAN J. SMURTHWAITE, TRUSTEES OF THE SMURTHWAITE FAMILY TRUST UNDER TRUST AGREEMENT DATED OCTOBER 16, 2000 638 VISTA EAST DRIVE, STAR VALLEY RANCH WY 83127 Loan Reference Number 20090347100083 First American Order No: 39913008 Identifier: L/FIRST AMERICAN EQUITY LOAN SERVICES 1111111111111111111111 SMURTHWA ITE 39913008 WY FIRST AMERICAN ELS MODIFICATION AGREEMENT 1111111111111111111111111111111111111111111111111111111111