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HomeMy WebLinkAbout899269N'ame of Person Requesting the Recordin. g: NameMddress ~ Return Document Following~eRecor~ng: We Is Fargo Bank, N A. P 0. BOX 31557 B LLINGS, MT 59107 RECEIVED LINCOLN COUNTY CLERK Wel Is Fargo Bank, N.A. Reference #: 20040977400147 ~" Deed of Trust or Mortgage Modification Account #: 0651-651-2021064-1998 Thisa~eementis madeflfis 13th dayof April 2004 between Wells Fargo Bank, N.A. existing tmderthelawsofthe OnitedSmtesofAmehcahavingitsofficeat 420 Montgomery Street San Francisco, CA 94104 (the "Bank") and (the "Borrower") Name(s) of borrower(s) MI CHAEL D NORMAN residingat92 AZTEC DR THANE, WY 83127 Address City Name(s) of borrower(s) D I ANE BREWSTER-NORMAN (the "Borrower") residing at 92 AZTEC DR IHANE, WY 83127 Address City Name(s) of borrower(s) (the "Borrower") residing at Address City Name(s) of borrower(s) (the "Borrower") residing at Address City Name(s) of borrower(s) (the "Borrower") residing at Address City Name(s) of borrower(s) ) (the "Borrower") residing at ~. j~,ddreas /'; City Name(s) of mortgagor(s)/trustor(s) (the"Mortgagor") residing at 92 AZIEC ~R IHANE, WY 83127 Address ~xX 'n · ~ City and DIANE BREWSTER-NORMAN Name(s) of mortgagor(s)/trustor(s) and State State State State State State State and Name(s) of mortgagor(s)/tmstor(s) · Name(s) ofmortgagor(s)/trustor(s) Name(s) of tnortgagor(s)/trustor(s) Name(s) of mortgagor(s)/tmstor(s) and and EQ357A (03/2004) Recitals 1. The Bank is the holder of the home equity line of credit agreement of the Borrower dated 10 / 1012003 , payable to file order of the Bank wifl~ the. origimfl maximum available principal amount of $ 95 0oo OD ("Note") with a maturity date of 1011012043 . 2. To secure payment of the Note, the Mortgagor has given a mortgage or de~d of trust ("Mortgage") to the Bank, dated 10 / 10 / 2003 , subjecting to the lien thereof certain real estate located in L I NCOLN C0UNIY .;,ffl" [Id~/ (state) more particularly described iu the MoYtgage. 3. The Mortgage was filed for record on 11 /05/2003 , in the office of the RECORDER of the above named C0UNIY as Document No. 8g602g in Book/Roll 540 Page/hnage 884 4 In coimection with the filing of the Mortgage, a mortgage registry tax was paid to the Treasurer of said COUNTY in the alnotmt of $ N I A on N / A and that Treasurer placed his or her stamp on the Mortgage, said stamp bearing number 5. The Borrower/Mortgagor acknowledges that the Note and lhe Mortgage are legal and binding obligations, free ,and clear of any claim, defense or offset. The Borrower/Mortgagor and the Bank now desire to make changes to the Note and Mortgage (including any previous modifications) as described below. Agreement Accordingly, in consideration of the prenfises and other good and valuable consideration, each paid to the other, the parties hereto agree as follows: ~ Margin The Borrower hereby agrees that the finance charge will be [] increased Iqdecreased to 1/365 of an anm~al rote of N/A % over the "Index Rate," wlfich is disclosed in the Note. [] If the Borrower ceases to be an employee of the Baak or its affiliates, the Bank will increase the rate by adding N/A %. EQ357B (03/200-1) ..-. 272 Credit Linfit The Borrower/Mortgagor hereby agrees lhat the maxmmm available principal amount of theNoleisnow$115.000.O0 and that lhe lien of the Mortgage shall secure the line of credit np lO that amonnt as il is advanced and outslanding from time to time. The references in the Morlgage to the maximum amounl of the line of credit are hereby amended to the exlenl necessary to reflect the increased maximum amotuu of the line of credit. Each reference in the Mortgage to the line of credit shall be deemed, on and after the date of this Agreement, to refer to the modified maximum amounl of the line of credit. All original terms of the Note and Mortgage (as amended by an), written modification) renmin in effect except as amended hereby, and the Borrower/Mortgagor agrees to be bound by and to perform all of the covenants and agreements in the Note and Mortgage, if applicable, at the time ,'md in the maturer therein provided The Borrower agrees to pay or reimburse the Mortgagee for any and all fees payable to public officials in connection with this Agreement and the recording hereof, including an), mortgage registry tax that is due. This Agreement does not increase or extend any revolving credit insurance Borrower purchased iu com~ection wilh the Note. Credit inst~rance means credit life, credit accident and health and/or credit disability insurance. The Borrower agrees tlmt the Bank may make certah~ changes to the terms of the line of credit and Note at specified times or upon the occurrence of specified events. The Bank may make insig~fificant changes, such as changes in lhe address for payments, billing cycle dates, payment due dates, day on which index values are detemfined, index or interest rate rouuding rules, and balance computation method (if the change produces an insignificant difference in the interest the Borrower will pa)'). The Bank also may make clmnges that will benefit the Borrower, such as additio~ml options or a temporm7 reduction in rates or fees. In accordance with federal law, the Bank also may change the index and margin the Bank uses to determine the annual percentage rate if tlmt index is no longer available. The Bank can make any of these changes discussed above without the Borrower's consent, unless state law provides otherWise. The Bank will give the Borrower notice of any ch,'mge tlmt is required by law. 273 The Bank also can make changes that the Bank and Borrower agree-to in writing. NOTICE TO CONSUMER (For purposes of this notice, "Consumer" and 'T' refer to the Mortgagor) THIS IS A CONSUMER CREDIT TRANSACTION. I understand that: · I should not sign this agreement before [ read file entire document, even if otherwise advised. · I should not sign tiffs if it contains any blank spaces. · I mn entitled to an exact copy of this and any other agreement I sign. · I have the right to prepay the unpaid balance due trader this agremnent at any time without penalty; and I may be entitled to receive a refund of unearned charges in accordance with the law. 1N WITNESS WHEREOF, the parties each executed this Agreement and acknowledge tile receipt of a copy hereof as of the day and year above. Wel Is Fargo Bank N A, Name of Bank By: ITS / Mort~agor/TrustorMI CHAEL O NORMAN Mortgagor/Tmstor [3 I AN£ flREWSTER-NORMAN Mortgagor/Tmstor Mortgagor?frustor Mortgagor/Trustor Mortgagor/Trustor BorrowerMICHAEL D NORMAN BorrowerDIANE BREWSTER-NORMAN Boaower Bo~ower Bo~ower Bo~ower otherwise. The Bank will give the Borrower notice of any change tlmt is required by law. The Bank als0 can make changes that the Bank and Borrower agree to in writing. NOTICE TO CONSUMER (For purposes of this notice, "Consun~er" and 'T' refer to the Morlgagor) THIS IS A CONSUMER CREDIT :TRANSACTION. I understand that: ~ · I should not sign this agreement before I read the entire docmnent, even if otherwise advised. · I should not sign tiffs if it contains an), blank spaces. · I mn entitled to an exact copy of this and any other agreement I sign. · i have the right to prepay the Unpaid balance due under this agreement at any time without penalty; and I may be entitled to receive a refund of unearned charges in accordance with the law. IN WITNESS WHEREOF, the parties each executed this Agreement and acknowledge the receipt of a copy hereof as of the day and year above. Wel Is Fargo Bank. N A Name of Bank Mortgagor/Tmstor MI CHAEL D NORMAN Mortgagor/Trustor DIANE BREWSTER-NORMAN Mortgagor/Tmstor Mortgagor/Trustor Mortgagor/Tmstor Mortgagor/Trustor BorrowerMICHAEk O NORMAN BorrowerE) lAN£ BREWSTER-NORMAN Borrower Borrower Borrower Borrower EQ357C (2/2003) FOR NOTARIZATION OF BANK PERSONNEL ACKNOWLEDGMENT (All-Purpose): STATE OF , COUNTY OF } ss. On before me, the undersigned, a Notary Public personally appeared in and for said State, [] 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 witlfin instmmem and acknowledged to me that he/she/lhey executed the Same in his&er/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 mstrmnent. WITNESS my hand and official seal. Signature: Name: (type or printed) My Commission expires: (Seal) FOR NOTARIZATION OF BORROWERS/MORTGAGORS ACKNOWLEDGMgNT (All-Purpose): At // Z ~ / STATE OF~. //'//~/('/ , COUNTY OF .,f_)'ff~-ff_~L*" ~_--- ) ss. O. dd~/l~?~/9//'~_. /~: ~~ before me, the ~dersigned, a Not~ Public in ~d for ~id State, personal pete ' ' · ~d~~ ~ ~ person~ly known to me -OR- ~pro~ ed to me on the basis of satisfacto~ evidence/to be the person(s) whose name(s) is/~e subscribed to the witNn ms.mere ~d acknowledged to me that he/she/they executed the same in his&er/their an~orized capaciW(ies), and that by hi.er/their mgnature(s) on the ins~ment the person(s), or ~e emiw upon behalf of which ~e person(s) acted, executed the inslnnnent WITNESS my hg.nd and official seal. Signature: /5~~t-.~- Name: /7.~.-5/~/2.C~'7/Z/~' 5. (type or printed) My Commission expires: //A/ CHRISTINE S. MILLS . /~'/77¢,¢.,.,.,.,.,.,.,.~ NOTARY PUBUC- STATE Ol~ UTAH _~ ~p. 11-1 - (~eal) ACKNOWLEDGMENT (All-Purpose): STATE OF , COUNTY OF } ss. On before me, the undersigned, a Notary Public in and for said State, personally appeared [] 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 instminent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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 instrmnent. WITNESS my hand and official seal. Signature: Name: (type or printed) My Commission expires: (Seal) EQ3 ) .... ', :'-' J FOR NOTARIZATION OF BANK PERSONNEL 276 ACIC~qOWLEDG. i~E~/T (~ll-Purpose): / . ~¢ . STATEO~ {r~... ,CO~TYOF /~ , ~, }ss. On d~~ /~;-~ ~ before me, the undersigned, a Not~ Public in and for said State, person~?~e~ _ ,- .'' ;~ ; ~ . person~ly known to me : -OR- ~ proved to me on the basis of salisfactory evidence/to be the person(s) whose name(s) is/are subscribed to the within ins~ment and acknowledged to me that be/she/they execuled the same in hisSer/their authorized capaci~,(ies), and that by hi~er/their signat~e(s) on the ins~meut the person(s), or the enti~ upon behalf of which the person(s) acted, executed the ius~mnenl. WITNESS ~y~h/nd and o~cial seal. Name: ~]~W ~, (Wpe or printed) i-',~,~" CHRISTINE ~.MII'CS · I ~ .... My ~ Exp. 1!-11-2~* (Seal) FOR NOTARIZATION OF BORROWERS/MORTGAGORS ACKNOWLEDGMENT (All-Purpose): STATE OF On personally appeared , COUNTY 6F } ss. before me, the lmdersigned, a Notary Public ill and for said State, [] personally known to me ~ -OR- [] proved to me on the basis of satisfactory evidence/to be [be pers0~i(s) whose nmne(s) is/are subscribed to the witlfin instrument artd acknowledged to me that he/she/they executed the same h~ 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 instrmnent. WITNESS my hand and official Seal. signature: Name: (type or printed) My Commission expires: (Seal) ACKNOWLEDGMENT (All-Propose): STATE OF On 'personally appeared , COUNTY OF before me, the undersigned, a Notary Public in and for said State, [] personally known t° me -OR- [] proved to me on the basis of satisfactory evidence/to be tile person(s) whose name(s) is/are subscribed to the witldn instrument and acknowledged to me that he/she/they executed the same in his/her/tlieir authorized capacity(les), and that by his/lter/their signature(s) on the instrument the person(s), or the entity upon behalf of which rite person(s) acted, executed the instrument. WITNESS my l~and and official seal. Signature: Name: ' . (type or printed) My Commission expires: (Sea!) EQ357D (2/2003) EXHIBIT A: 277 THE FOLLOWING DESCRmED REAL PROPERTY LOCATED IN THE COUNTY OF LINCOLN, STATE OF WYOMING, DESCRIBED AS FOLLOWS: LOT 76, PRATER CANYON ESTATES, UNIT 4, AS SHOWN BY THE OFFICIAL PLAT OF SAID SUBDIVISION FILED JULY 6, 1970 AS FILING NO 423838 IN THE OFFICE OF THE COUNTY CLERK OF LINCOLN COUNTY, WYOMING.