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HomeMy WebLinkAbout905074Name ofPersonRequesHng ~eRecording: STACY S..FRIGO 11001N. BLACK CANYON HWY PHOENIX, AZ 85029 Name/Address ~Remrn Document Following~eRecording: Wells Fargo Bank, N.A P. 0 BOX 3155./ BILL NGS, MT 5910./ RECEIVED 12/8/2004 at 10:43 AM RECEIVING # 905074 BOOK: 574 PAGE: 246 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY 0246 ,5 Wel Is Fargo Bank N A Reference #: 2004295'/000'/03 Account #: Deed of Trust or Mortgage Modification 0654-654-0465461 - 1998 Thisa~eementismadethis 29th dayof October 2004 between Wells Fargo Bank, N.A. e~stingunderthelawsofthc O~tedS~tcsofAmedcahavingitso~ccat 420 Montgomery Street San Francisco, CA 94104 (the "Bank") and Name(s) ofborrower(s) MORR I S E P I KE (the "Borrower") residing at 201 BRIDLE TRAIL ETNA, WY Address Name(s) of borrower(s) GRACE E (thc "Borrower") residing at 201 B R 1 D L E T R A I L Address Name(s) of borrower(s) (the "Borrower") residing at Address Name(s) of borrower(s) (the "Borrower") residing at Address Name(s) of borrower(s) (the "Borrower") residing at Address Name(s) of borr°wer(s) ) (the "BorroWer'') residing at PIKE 83118 ETNA, WY 83118 City City City City State State State State and MORRIS E PIKE City State Address City State (the "Mortgagor") residing at 201 and GRACE E PIKE Name(s) of mortgagor(s)/trustor(s) BRIDLE TRAIL ETNA, WY 83118 Address City and Name(s) of mortgagor(s)/trustor(s) Name(s) of mortgagor(s)/trustor(s) and and Name(s) of mortgagor(s)/tmstor(s) and Name(s) of mortgagor(s)/trustor(s) EQ357A (03/2004) Name(s) of mortgagor(s)/trustor(s) State Recitals 1. The Bank is the holder of the home equity line of credit agreement of the Borrower dated OO / 23 / 2003 , payable to the order of the Bank with the original maximum available principal amount of $ 26, O00. O0 ("Note") with a maturity date of 09123 / 2043 2. To secure payment of the Note, the Mortgagor has given a mortgage or deed of trust ("Mortgage") to the Bank, dated og / 23 / 2003 , subjecting to the lien thereof certain real estate located in L I NCOLN COUNTY WY (state) more particularly described in the Mortgage. 3. The Mortgage was filed for record on 10 / 20 / 2003 , in the office of the C L E R K of the above named COUNTY as Document No:4et~ (~q 14 ~ g ~ in Book/Roll 630 Page/Image 1 4. In connection with the filing of the Mortgage, a mortgage registry tax was paid to the Treasurer of said COUNTY in the amount of $ N I A on N / A and that Treasurer placed his or her stamp on the Mortgage, said stamp bearing number N/A 5. The Borrower/Mortgagor acknowledges that the Note and the Mortgage are legal and binding obligations, free and clear of any claim, defense or offset. 6. The Borrower/Mortgagor and the Bank now desire to make changes to the Note and Mortgage (incl.uding any previous modifications) as described below. Agreement Accordingly, in consideration of the premises and other good and valuable consideration, each paid to the other, the parties hereto agree as follows: ~TX'] Margin The Borrower hereby agrees that the finance charge will be [] increased [3decreased to 1/365 of an annual rote of N/A % over the "Index Rate," which is disclosed in the Note. [] If the Borrower ceases to be an employee of the Bank or its affiliates, the Bank will increase the rote by adding N/A %. EQ357B (03/2004) [~] Credit Li~nit Thc Borrower/Mortgagor hereby agrees that the maximum available principal amount of the Note is now $ 35,000.00 and that dt¢ lien of the Mortgage shall secure the line of credit up to that amount as it is advanced and ontstanding from time to time. The references in the Mortgage to the maxilnmn amount of the line of credit are hereby amended to the extent necessary to reflect the increased maximum amount 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 maximmn amount of the line of credit. All original terms of the Note and Mortgage (as amended by any written modification) remain in cf feet except as mnended hereby, and the Borrower/Mortgagor agrees to be bound by and to perform ,all of the covenants and agreements in lite Note and Mortgage, ff applicable, at the time and in the nmnner therein provided. Thc 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 any mortgage regis,3' tax that is due. This Agreement does not increase or extend any revolx lng credit insurance Borrower purchased in connection with the Note. Credit insurance means credit life, credit accident and health and/or credit disability insurance. Tile Borrower agrees that the Bank may make certain changes to the terms of the line of credit and Note at specified times or upon the occtm'cnce of specified events. The Bank may make insig~fificant changes, such as changes in fltc address for payments, billing cycle dates, payment due dates, day on which index values arc dctemfined, index or interest rote rounding rttlcs, and balance computation method (if the change produces an insignificant difference in thc interest the Borrower will pay). The Bank also may make changes that will benefit the Borrower, such as additional options or a temporary reduction in rates or fees. In accordance with federal law, the Bank also may change the index and margin the Bank uses to dclcrlnine the annual percentage rate if that index is no longer available. The Bank can make any of tllcse changes discussed above without the Borrower's consent, unless state law provides otherwise. The Bank will give the Borrower notice of any change that is required by law. Thc Bank also can make changes tlmt 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 I read the entire document, cven il' otherwise advised. · I should not sign this if it contains any blank spaces. · I am 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 agrecment 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. Wells Fargo Bank, N,A, Name of Bank Mortgag;r/Tms°'~oor ~-0 R R I~ E 'ff~ K I~ , - ~" ~ Mortgagor/Trustor GRACE g P I KE Mortgagor/Tmstor MortgagorFFmstor Mortgagor/Trustor Mortgagor/Trustor ]~r~_~ Bo~owerGRACE E PI KE Bo~ower Bo~ower Bo~ower Bo~ower EQ357C (2/2003) FOR NOTARIZATION OF BANK PERSONNEL 0,749 ACKNOWLEDGMENT (All-Purpose): STAT~ OF xAK?, rvx~v~c~ , COUNTY OF L~ r~l', .! ,._~ } ss. On ~'~,',-e~,~h~0~, ~ , xc~otbdr before me, the.undersigned, a Notary Public in and for said State, pers, ogqlly appeared [~ personally known to me -OR- [] proved to mc on the basis of satisfactory evidence/to be the person(s) whose name(s) is/are subscribed to the within instrument m~d acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/lhcir signature(s) on the instrument the per~o.rl(~),~ or the entity upon behalf of which the person(s) acted, executed the instrument .... y nana omc] seal ' . .~ i;,/:~'"' ':;: "~? '"'" ' ' ~. '~-'~' , ~.~ ;~.~ (type or printed) ] ~ ! ., _. ,:, ...... '~ .-, I~ ~. FOR NOTARILZATION OF BORROWERS/MORTGAGORS ACI~OWL!gD GMENT.(AII-Purpose): STAT~ OF k,~,h u O h'x ~ nq , CO~ OF L~ r,, :, [ ,,.~ } ss. On~ ~ ~t~ 0o~ before me, ~e ~dersigncd, a Not~ Public in ~d for mid State, person~l~ ap~ed ~ personflly known to me -OR- ~ proved to mc on the basis of satisfacto~ evidence/to be the person(s) whose name(s) iff~e subscribed to the wit~ ~s~ment and acknowledged to me thru he/she/~ey executed · e same ~ hi~er/~ek auto,ed capaci~(ies), and ~t by hi~efflhcir s~gnature(s) on ~e ins~ment ~e person(s), or ~e ~ upon behflfofw~ch ~e person(s) acte~ executed ~e insm,ncnt ................. ~ ~.. ~ ....... ~ ~ WI~SS~y h~d ~fficial seal. ' ~:~' Si~a~e:~ ~ ~ [~ r~~ ~.~.~ ,, ::" C;~dJGHEY-. !q0]'AI~Y PUBLIC ~ Name: ~ ~ ~, (~g ~o h & ~ :,,~.~ of (~ State of ~ (~e or pMied) i , I ' ' ," n ~v,:t Wyoming ~ My Co~ission expkes:x ~t~a k5 ~h ,~ ~ ' "' %~;':~ AC~OWLEDGMENT (~-~se): STA~ OF , CO~TY OF } ss. On before me, ~e ~dersigncd, a Not~ ~blic in ~d for mid State, person~ly appe~ed [] personally known to me -OR- [] proved to ]nc 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 ins~rtm~ent. WITNESS my hand and official seal. Signature: Name: (type or printed) My Commission e .xpires (Seal) EQ357D (2/2003) ACAPS # 20042957000703 ALL-PURPOSE ACKNOWL F. l)G EMENT State of Wyoming County} ss: Lincoln On 11/01/2004 Personally appeared __ before me, Morris E. Pike Mary Caughey [-~ 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. WITN ,..~.~ my hand ~d official Signature:¢^~4 '~ I ~t~ ~ °'~ ~i}x ~, [,.~.~c~.~ Name (typed o~' printed) seal. My Commission Expires: ~ u~.~ ~6 ,g~(d',(C MAaY CAUGHEY - NOT/~R-Y-P-UBi-I~- ~ County of (n~ State of Lincoln ~.'.~..'t ~'.~7 Wyoming M~, Commission Expire~[~ lO ~ Recording requested by: Wells Fargo Bank, N.A. RECEIVED LINCOLN COUNTY CLERK When mcorded ~tum tn: Wells Faigo Bank, N.A. P. O. BOX 31653 BILLINBS, MI 69]07 DOCUMENT MANAGEMENT 89t 551 001 03 OCT 2 0 8:2-3 t': c .~. t' ~. t". E R; · Slate of Wyamlnl~ · . Space Abo~ c 'l'hl$ Line For Recordln~ Data- , REFERENCE #: 20032547200494 ACCOUNT #: 0854-854-O465461-lg98 " MORTGAGE ,.~ (With Future Advance Clause) DATE AND PARTIES. The date of this Mortgage ("Security Instmmenf') is 09 / 2312003 and the parties, their addresses and tax identification numbc _m, if required, are as follows: MORTGAGOR:,IviORR IS .E.. P'I KE?ANO GRACE .E.V.I KE, HUSBA~'~D--AND~Wl FE. AS ...... ' TENANTS BY THE ENTIRETIES [] ffchecked, refer to the attached Addendum incorporated herein, for additional Mortgagors their signatures and acknowledgments., LENDER: ~/olla Fargo Bank, N.A. P. O. BOX 3155'7 BILLINGS, MT 5910'/ CONVEYANCE, For good and valuable consideration, the receipt and sufficiency of which is acknmvledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under dfis Security Instrument,' Mortgagor grams, bargains, cony6ys, mortgages and warrants to Lender, wit. h power of sale, the following described propen);: .L. 0T '93 OF NORDIC RANCHES DIVISION NO.' '7, LINCOLN COUNTY, WYOMING, ACCORDING. 'TO THAT' PLAT F'ILED MAY 8, 1996, INSTRUMENT NO. 8194G~. PLAT 'NO. 311E. 4o The property is located in I I NCOLN at: 201 BRIDLE TRAIL ETNA, WY and parcel number of 3619262001 -t700 together with all. rights, easements, appurtenances, royalties, mineral rights, oil and gas fights, all water and riparian rights, filches, and water stock and all existing and future improvements, $1mctures, fixtures, and replacements that may now or at any lime in the future be pan of the real estate described above (all referred to as "Property"). MAXLMUM OBLIGATION LIMIT. The total principal arno .u:pt secured bx this Security Instrument at any one time shall not .c.x..ceed $ 25,000. oo . This li~. itation of amminl docs not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this !i.mitafion does not apply lo advances made under the terms of this Security Instrument Io pi'otect Lender's security arid to perform any of the covenants comainbd in this Sedufi.ty Instrument. SECURED DEBT AND FU-~URE ADVANCES: The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of thc promissory note, revolving linc at'credit, contract, guaranty or other evidence of debt dated 0912312003 together with all amendments, extensions, modifications and renewals, and having a maturity date of 0912312043 B. All future advances from Lender lo Mortgagor under such evidence of debt. All future advances are secured as if made bn thc date of this Security Instrument. Nothing in this Security Agreement shall constitute a commitment to make EQISOA (06/2002) i IIIlmTIII I I II