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HomeMy WebLinkAbout956092Prepared By: Wells Fargo Bank, N.A. LEAH KUNKEL DOCUMENT PREPARATION 11601 N BLACK CANYON HIGHWAY PHOENIX, ARIZONA 85029 866 -537 -8489 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 35183020519300 Property Address: 303 NORTH FOREST 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 (individually and collectively, the "Borrower LOC Modification A rmt, HCWF #155v21 (02/21 NCI I��I�� Nh�I�NI NI IN�I�bNI�IIU I nYSIN &I�III� RECEIVED 10/20/2010 at 1 0:48 AM RECEIVING 956092 BOOK: 755 PAGE: 677 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Account Number: 654 654 6979998 1998 Reference Number: 20102017800015 This Modification Agreement (this "Agreement is made this 22ND DAY OF SEPTEMBER, 2010, between Wells Fargo Bank, N.A. (the "Lender and JOHN L. POTEE AND PATRICIA C. POTEE, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES Borrower has entered into a home equity line of credit agreement (the "Line of Credit Agreement with the Lender, dated May 21, 2004, 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 559 at page(s) 442 of the County of LINCOLN County, State of WYOMING as document Net NN12r (the "Security Instrument and covering real property located at *Document 900341 303 NORTH FOREST, THAYNE, WYOMING 83127 (the "Property and described as follows: THE FOLLOWING DESCRIBED TRACT OF LAND IN LINCOLN COUNTY, STATE OF WYOMING, TO -WIT: LOT 11, STAR VALLEY RANCH, PLAT 22, AS PLATTED AND RECORDED IN THE OFFICIAL RECORDS OF LINCOLN COUNTY, WYOMING. 1/5 Documents Processed 09 -22 -2010, 15:35:49 OOi 078 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 $100,000.00 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 pay or 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. LOC Modification A rmt HCWF #155v21 02/21/09) II11IIIIIIIIII INN11NIIIIII Y�IIII I IINIIIII�II�IIII 2/5 Documents Processed 09 -22 -2010, 15:35:49 The Borrower and the Lender have executed this Agreement under seal as of the day and year first above writte Wells Fargo Bank, A. LOC Modification A rmt, HCWF #155v21 02/21/09) NpN IIIN�IN�INWNINNIIIIN�INNINIINNNB�NINIVNIININII�� N Borrower Borrower {Acknowledgments on Following Pages C.06 C79 9 3/5 Documents Processed 09 -22 -2010, 15:35:49 FOR NOTARIZATION OF LENDER PERSONNEL STATE OF a) o vkY COUNTY OF y 1 -L- S foro4 On this 1 day of 0 c v 3E JL 2010, before me, a p)x t t2L L L' i and for said county personally appeared "MN i Y it) s SS E 4 to me personally known, who being by me duly (sworn or affirmed) did say that that person is UP of` Ld.w 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 VPc acknowledged the execution of said instrument to b the voluntary act and deed of said association by it voluntarily executed. l wn(c 1 nit h J Notary Public ss. My commission expires: 11- 261 2_ LOC Modification Agrmt, HCWF #155v21 (02/21/09) YIISI�IIIgII�YIIIIIIIIIIIIIIIIIV�YNIIn��IIYIIIY�I�llll�l IIIYIIV I -VcE 1/4-\ State of 006 4/5 Documents Processed 09 -22 -2010, 15:35:49 FOR NOTARIZATION OF BORROWERS For An Individual Acting In His/Her Own Right: State of kray 0ittivi County of ,we° I vt This instrument was acknowledged before me on S e4 )3, i o (date) by J0ktA L. Ogtee Py4o (name(s) of persons). JARED B. GLEUE NOTARY PUBLIC COUNTY OF i' STATE OF LINCOLN :'.:i) WYOMING MY COMMISSION EXPIRES OCT. 24, 2012 (Seal, if any) LOC Modification A rmt, HCWF #155v21 02/21/09) IhINI�N �I IUNI� �N�I�� �INNI� III IgI��I�III aIIQNUgI I�IIu IN e00681. My Commission Expires: Ohit J2. 0 ra- 5/5 Documents Processed 09 -22 -2010, 15:35:49