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HomeMy WebLinkAbout964146After recording return to: When Recorded Roturn ct. Indeconznl l( 3I orviceF 29,15 Countr'y Drive St. Paul, MN 56117 Bank.. of- A•nerica- N.. A. 4461 Pied rnont,Rarkway Greensboro. NC-27410. 19228xxxx Prepared by: Bank of America, N.A. 4161 Piedmont Parkway Greensboro NC 27410 19228xxxx 100133700032396627 [Space Above This Line For Recording Data] MODIFICATION OF SECURITY INSTRUMENT DEFINITIONS (A) "Modification" means this document, which is dated 01/04/2012 (B) "Borrower" is T L BIRDYSHAW JR., AND SANDRA P BIRDYSHAW (F) "Security Instrument" means that certain Mortgage, Deed of Trust, Security Deed or other security instrument (including any riders), dated the same date as the Agreement, securing the Property for repayment of the Agreement, and filed originally as Book 698 Page 399, Instrument# 940096 in the Official Public Records of LINCOLN County, State of WYOMING. (G) "Property" means the property described in the attached Exhibit A, which currently has the address of: 835 TRAIL RIDGE RD, ALPINE, WY 83128 Borrower agrees as follows: 1. Lender and Borrower amend the terms of the Security Instrument as follows: The Credit Limit is hereby modified to the principal limit of $84,000.00, not to exceed this amount. Modification of Security Instrument- Home Equity Line of Credit Page 1 of 4 00822 RECEIVED 4/17/2012 at 1:45 PM RECEIVING 964146 BOOK: 784 PAGE: 822 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (C) "Lender" is Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, FSB, and its successors and assigns. (D) "Agreement" means that certain home equity line of credit agreement (including any addenda), dated 6/9/2008, signed by Borrower and payable to Lender (or its predecessor in interest), which Agreement establishes an account from which Borrower may obtain credit advances on a revolving basis in an amount not to exceed the original Credit Limit as defined below. (E) "Credit Limit" means the original principal limit of $148,000.00 as stated in the Agreement and the Security Instrument. 2. Nothing in this Modification will invalidate, impair or release any term or condition in the Agreement or the Security Instrument. The Agreement and the Security Instrument will continue in full force and effect. Any term or condition in the Agreement or the Security Instrument not modified in this Modification has the same force and effect as any term which is modified in this Modification. Borrower ratifies and confirms the terms and conditions of the Agreement and the Security Instrument, and covenants and agrees to perform and comply with the terms and conditions, as modified in this Modification. 3. Nothing in this Modification will be understood or construed as a substitution, transference or novation of the existing debt. 4. Lender reserves all rights it has against all parties, including but not limited to all parties secondarily liable. 5. This Modification is binding upon and inures to the benefit of the heirs, executors, administrators, representatives, or successors and assigns of the respective parties. 6. All capitalized terms not defined in this Modification have the same meaning as in the Agreement or the Security Instrument. By signing below, Borrower agrees to be bound by the terms of this Modification. WITNESSES (if applicable): Modification of Security Instrument- Home Equity Line of Credit ATTENTION BORROWER THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Do not sign below if Section 1 of this Modification is blank or any loan information other than the property's legal description is attached. Witness Witness SANDRA P BIRDYSH W Page 2 of 4 BORROWER: 4. 4 7( T L BIRDYS AW JR. 00823 ATTENTION NOTARY PUBLIC NOTE: Amend and complete the notary acknowledgement in accordance with applicable law. State of County of LI/YCl.' C? ,,i,.._ 0 before me, 6 On (Date) r7 a y f 1 n h 6"u (Name of Notary Public) 1 personally appeared /)c°dreic 4, .Sj1- /�?�P..h- f 6u2oc f� H le.) (Name of Borrowers) O personally known to me roved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is /are subscribed to the foregoing instrument and acknowledged to me that he /she /they executed the same for the purposes and consideration therein expressed. WITNESS MY HAND AND OFFICIAL SEAL. Modification of Security Instrument- Home Equity Line of Credit Page 3 of 4 00824 A Notary ublic Mortgage Electronic Registration Systems, Inc. as nominee for Couytr By ACKNOWLEDGMENT State of North Carolina County of Guilford On 01/04/2012, before me, ROSA B. SIMPSON personally appeared JEAN ENGLISH a nd KATHY CLARK, personally known to me (or 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 h nd and official seal. Signature ad a /...1 Commission expiration date: April 10, 2013 Modification of Security Instrument- Home Equity Line of Credit Page 4 of 4 1 Printed Na e JEAN ENGLISH Title: ASS SECRETARY By Printed Na Title: VICE- ■4 Witness: SHERR MCCAIN Witness: (Zile- CRISTIE WILEY SIDENT For California property: 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. 00825 ROSA 8 SIMPSON Notary Public Guilford Co,, North Carolina My Commission Explroe April 10, 2013 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LINCOLN, STATE OF Wyoming, AND IS DESCRIBED AS FOLLOWS: LOT 20 OF SHADOW DANCER ESTATES SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. Parcel ID: 12 -3619- 10 -4 -00- 478.00 Commonly known as 835 Trail Ridge Road, Alpine, WY 83128 However, by showing this address no additional coverage is provided 1 LEGAL DESCRIPTION EXHIBIT "A" 11 s 1 1111 u 1 11 +UO2573091+ 7410 4/10/2012 77634331/2 Title No LIN- FCH- 114538 00826