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HomeMy WebLinkAbout959308Recording Requested by FINAL DOCUMENT SERVICES Prepared By: Samuel Avalos AND WHEN RECORDED MAIL TO: Samuel Avalos Document Control 1800 Tapo Canyon Road, CA6- 914 -01 -59 Simi Valley, CA 93063 RECEIVED 5/17/2011 at 2:47 PM RECEIVING 959308 BOOK: 766 PAGE: 702 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Space Above for Recorder's Use Document ID 99919176324462625 MODIFICATION TO MORTGAGE AND PARTIAL RELEASE This Modification to Mortgage and Partial Release "Modification is made this 10 day of May, 2011 among Mortgage Electronic Registration Systems, Inc. "Mortgagee and Chad D. Cazier "Borrower(s) (collectively referred to herein as the "parties RECITALS This Modification is made with reference to the following facts: A. The Borrower(s) made, executed, and delivered to Countrywide Bank, FSB, "Lender and Mortgagee, that certain Mortgage dated March 31, 2008, and recorded on, May 27, 2008 in Book 695, Page 456, in the Official Records in the Office of the County Recorder of Lincoln County, State of Wyoming "Mortgage securing a. Note dated March 31, 2008, in the principal amount of One Hundred Eighty Five Thousand Dollars and 00/100 ($185,000.00) in favor of the Mortgagee and legally describing the real property as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TERMS OF MODIFICATION SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 000702 B. The purpose of this Modification is to correct the legal description. At the time the above referenced Mortgage was recorded an incorrect legal description was inadvertently contained therein. 1. For value received, the parties hereto do hereby modify said Mortgage to provide that the legal description therein shall be as follows "Secured Property 000703 2. The Borrower(s) do(es) hereby mortgage, grant and convey the Secured Property to Mortgagee under the Mortgage together with power of sale subject to each and all of the terms and conditions of the Mortgage, including this Modification thereto. 3. The Borrower(s) and the Mortgagee do(es) hereby release without warranty to the person or persons legally entitled thereto, all the estate in and to any portion of the legal description first described hereinabove, which is not included within the description to the Secured Property. 4. The terms of the Mortgage, which are incorporated herein by reference, shall remain in full force and effect and be binding thereon to the extent they are not inconsistent with the provisions of this Modification. In the event of any inconsistency between the provisions of this Modification and the original Mortgage, the provisions of this Modification shall control. The Mortgage, herein modified, when signed by all parties hereto, shall constitute one Mortgage. 5. This Modification shall inure to and bind the heirs, devisees, successors and assigns of the parties hereto. 6. This Modification may be executed in counterparts, but shall be of no force and effect unless and until all parties to this Modification have duly executed this document. IN WITNESS WHEREOF, the parties hereto have executed this Modification the day and year first above written. Mortgage Electronic Registration Systems, Inc., ssi, Vice President (ALL SIGNATURES MUST BE ACKNOWLEDGED) STATE OF CALIFORNIA COUNTY OF VENTURA On this rr day of May, 2011, before me, D. K. Terry, Notary Public, personally appeared Jennifer Guidicessi, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. D. K. Terry Notary Public Commission No. 1889141 Commission Expires: May 13, 2014 TYPE OF DOCUMENT: DOCUMENT DATE: CERTIFICATE OF ACKNOWLEDGMENT ss. mu mtmarmilmmourimiswounammumg D. K. TERRY COMM. #1889141 Notary Public California o Los Angeles County (srss My Comm. Expires May 13, 2 014 Modification to Mortgage May 10, 2011 000`04 CERTI FICATE OF ACKNOWLEDGMENT J STATE OF COUNTY OF6,6 On this 1/ day of t 2011, before me, id..- Notary Public, per nally appeared U.-a f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notry Public Commission No.: Commission Expires: b -(9 9-4 CERTIFICATE STATE OF COUNTY OF WITNESS my hand and official seal. Notary Public Commission No.: Commission Expires: ss. SILL ?-i. L RSON 'ai i ij-iY PUBLIC co 1J rity State Lincoln 1 ui Wyoming OF ACKNOWLEDGMENT s s. My Co;° ;rioslon f?'ref „lung 20, 2011 X4'1. x4vr ;c't+ic. 'M1J 4'kaldaM1ka+ 5.�'rge:rr:5wa.+C�^:,K4x On this day of 2011, before me, Notary Public, 000705 personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Exhibit "A" That Tract of Land described in that certain Deed of Record in Book 373 PR, Page 513, in the Office of the Lincoln County Clerk, and specifically described as follows: In Township 32 North, Range 119 West, 6 P.M., Lincoln County, Wyoming. Section Twenty -Seven (27): West Half of the Northwest Quarter (W Ya NW '/4) EXCEPTING THEREFROM, the South 31 rods, of the Southwest Quarter of the Northwest Quarter (SW 1 NW 1/4). Section Twenty Eight (28): Northeast Quarter (NE 1/4) EXCEPTING THEREFROM the following 7 described parcels: 1. The South 31 rods, of the Southeast Quarter of the Northeast Quarter (SE 'A NE 'A). 2. The South 58 rods, of the Southwest Quarter of the Northeast Quarter (SW 'A NE '/4). 3. The North 640 feet, of the Northwest Quarter of the Northeast Quarter (NW 'A NE 'A) 4. Beginning at a point, 16 rods, South of the Northwest corner of the Northeast Quarter of the Northeast Quarter (NE '/4 NE 'A), of said Section 28, and running Thence South, 18 rods; Thence East, 1.47 feet; Thence North, 18 rods; Thence West, 147 feet, to the point of beginning. 5. A 300 foot wide strip of land on the West edge of the above described Tract of Land, as described in the Deed of Record in Book 477 PR, Page 409, in the Office of the Lincoln County Clerk, described as follows: The West 300 feet of the Northwest Quarter of the Northeast Quarter (NW 1/4 NE '/4) of Section 28, Township 32 North, Range 119 West, 6 P.M., Wyoming. EXCEPTING the North 940 feet, therefrom. And the West 300 feet, of the Southwest Quarter of the Northeast Quarter (SW NE V4) of Section 28, Township 32 North, Range 119 West, 6 P.M,, Wyoming. EXCEPTING all lands lying within the easement and the lands to the South of that certain right -of -way easement as recorded in Lincoln County Public Records in Book 305 P.R., at Page 547. 6. A tract of land (the Danyel tract) described as follows: BEGINNING at a point on the East boundary line o the Southwest Quarter of the Northeast Quarter (SW 'A NB A) of Section 28, said point being due North, a distance of 957 feet (58 rods), from the Southeast corner of said SW 'A NE 'A; and running Thence due North, a distance of 230.51 feet, to the South right-of-way boundary line of Harmony Creek Lane: 00070G Thence South 86 °30'00" West, along right-of-way boundary, a distance of 824.11 feet: Thence South 81 °28'39" West, continuing along right -of -way boundary, a distance of 499.40 feet, to the West boundary line of said SW 'A NE 'A; Thence South 00 °02'38" East, along said West boundary line, a distance of 122.51 feet; Thence North 89 °17'22" East, along a line, 957 feet from, and parallel to, the South boundary line of the said SW 'h NE 1/4, a distance of 1,316.46 feet, to the point of beginning. A tract of land lying within and being a part of the West Half of the Northeast Quarter (W %x NE 1/4) of Section 28, Township 32 North, Range 119 West, Lincoln County, Wyoming, being a portion of the land described in that deed of record in Book 373 PR, Page 513, in the Office of the Lincoln County Clerk, with boundaries more particularly described as follows: BEGINNING at the point of intersection of the East boundary line of the W NE 1/4 of Section 28, with the South right -of -way boundary line of Harmony Creek Lane, said point being due North,' a distance of 1,187.51 feet, from the Southeast corner of the said W' /s NE 1/4 (also know as the C -E 1/16 Corner) of Section 28; and running Thence South 86 °30'00" West, along right-of-way boundary, a distance of 824.11 feet; Thence South 81 °28'39" 'West, continuing along South right-of-way boundary, a distance of 499.40 feet, to the West boundary line of the said W'A NE 1/4; Thence North 00 °02'38" West, along said. West boundary line, a distance of 60.66 feet, to the North right-of-way boundary of Harmony Creek Lane; Thence North 81 °28'39" East, along North right -of -way boundary, a distance of 30331 feet, to the Southeast comer of the Gardner property tract; Thence North 00 °02'38" West, along the East boundary of the Gardner property tract, a distance of 129.81 feet; Thence North 00 °01'05" East, continuing along the East boundary of the Gardner property tract, a distance of 378.88 feet, to the South boundary of the Hawkins property tract; Thence North 89°03'54" East, along the South boundary of the Hawkins property tract, a distance of 1,106.65 feet, to the East boundary line of the W Yi NE 'A; Thence due South, along the East boundary line of the said W' /z NE 'A, a distance of 446.46 feet, to the point of beginning 000707 Exhibit "B" 000708 A Tract of land lying within and being a part of the Southeast Quarter of the Northeast Quarter of Section 28, Township 32 North, Range 119 West of the 6th P.M., Lincoln County, Wyoming, with boundaries more particularly described as follows: Beginning at a point which is located North 53 rods and East 16 rods from the Southwest corner of the Southeast Quarter of the Northeast Quarter of Section 28; and running. thence East 20 rods; thence South 16 rods; thence West 20 rods; thence North 16 rods to the point of beginning TOGETHER with an access easement 30 feet inwidth, with the north boundary thereof being described as follows: Beginning at the same said point of beginning, which is the northwest corner of the Tract above described; and running thence West, 14 rods, more or Less, to Wyoming Highway 238 right-of- way.