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HomeMy WebLinkAbout959228Prepared By: Wells Fargo Bank, N.A. LORI PFEIFER DOCUMENT PREPARATION 11601 N BLACK CANYON HWY PHOENIX, ARIZONA 85029 866 -537 -8489 After recording, return recording information to: ATi 1 03 i 7o( 7a American Title, Inc. PO Box 641010 Omaha, NE 68164 -1010 Parcel /UPI 36192620017700 Property Address: 201 BRIDLE TRAIL ETNA, WYOMING 83118 WYOMING {Space Above This Line For Recording Data} State of Account Number: 654- 654- 0465461 -1998 MODIFICATION TO HOME EQUITY LINE OF CREDIT AGREEMENT AND OPEN -END Mortgage RECEIVED 5/11/2011 at 3:20 PM RECEIVING 959228 BOOK: 766 PAGE: 491 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000491 Reference Number: 20110717900024 This Modification Agreement (this "Agreement is made this 11TH DAY OF APRIL, 2011, between Wells Fargo Bank, N.A. (the "Lender and MORRIS E. PIKE AND GRACE E. PIKE, 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 September 23, 2003, 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 was recorded on 10 -20 -2003 in Book/Roll 539 at page(s) 001 of the County of LINCOLN County, State of WYOMING as document No. 894551 (the "Security Instrument and covering real property located at 201 BRIDLE TRAIL, ETNA, WYOMING 83118 (the "Property and described as follows: THE FOLLOWING DESCRIBED TRACT OF LAND IN LINCOLN COUNTY, STATE OF WYOMING, HERE BY RELEASING AND WAIVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPT ION LAWS OF THE STATE, TO -WIT: LOT 93 OF NORDIC RANCHES DIVISION NO. 7, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED MAY 8, 1996, INSTRUMENT NO. 81946 1, PLAT NO. 311E. SUBJECT TO RESTRICTIONS, LOC Modification A rmt, HCWF #155v22 02/19/2011) 1/5 III 1111IINIIlHUIIIHI�IIII IIN1II IIIIIIIHII11111111111111111 Documents Processed 04 -11 -2011, 09:33:35 000492 RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY. APN: 36192620017700 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 $50,000.00 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. LO�pC Modification A rmt, HCWF #155v22 02/19/2011) 2/5 ININII I N II11�IIIII�N�IINNIII�I NIN�INI��NNN I ININ1NI�lIINIIN�NI Documents Processed 04 -11 -2011, 09:33:35 The Borrower and the Lender have executed this Agreement under seal as of the day and year first above written. MO' S E PIKE GRACE E PIKE ,4) LOC 9 Modification A rmt, HCWF #155v22 Ti/1 1) IIIliIII NII�BBNNIt��IaNIIhIII�N I WNIIIIII����8NIINIIII IIIIlgGI Borrower Borrower {Acknowledgments on Following Pages 000493 3/5 Documents Processed 04 -11 -2011, 09:33:35 FOR NOTARIZATION OF LENDER PERSONNEL STATE OF MONTA -14f ss. COUNTY OF t- OW "Ch146: On this 1 4 day of A- P. L 20 I) before me, a N.tTAR -N Qv�U-LC in and for said county personally appeared T R u 'wry ).....‘15-1 to me personally known, who being by me duly (sworn or affirmed) did say that that person is P L Uoe,,µe -non lof 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 saidJ P LOAN Dot umeNLA acknowledged the execution of said instrument to be the voluntary act and deed of said association by it voluntarily executed. `'tip ()f„ Notary Public My commission expires: L— LOC Modification A mt HCWF #155v22 02/19/2011) IIIII I IIIIIIIIWI NIIIIWIII IIIIIiII I II W�IUI I IIIIIIIIVIIIIIIOIUI I I I f 1/41\11/4.5TA44) A State of 000494 4/5 Documents Processed 04 -11 -2011, 09:33:35 FOR NOTARIZATION OF BORROWERS For An Individual Acting In His/Her Own Right: State of L (�}n e, 1A ei County of L N rte. J This instrument was acknowledged before me on by I)/ N pr 's' (name(s) of persons). (Seal, if any) FT T 7)1k CL CLAUDIA ANDERSON NOTARY PUBLIC WYOMING Lincoln County M contrni Sion Ex it Ms 25, 2014 LOC Modification A rmt, HCWF #155v22 (02/19/2011) ii if IINIII IIIIN INNI�I MIr VI VIII �II�N�I IN�NI� h�IINI INNI (date) C rCC°-- E Notary Public 000495 a//a(„44; 4u Ye/c.6 My Commission Expires: j s" 7 0 T 5/5 Documents Processed 04 -11 -2011, 09:33:35