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HomeMy WebLinkAbout9063660564 Recording Requested By: Wells Fargo Bank, N.A. Prepared By: GINA HILL SPS 11601 BLK CYN HWY PHOENIX, AZ 85029 602-328-2200 After Recordingpleaseremrnto: Wells Fargo Bank, N.A. P. O. BOX 31553 BILLINGS, MT 59103 DOCUMENT MANAGEMENT RECEIVED 2/912005 at 2:02 PM RECEIVING # 906366 BOOK: 578 PAGE: 564 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY __ Above Tiffs Line For Record~g Data~ State of B/YOMI NG {Space Reference #: 20043567200574 Account #: ~%~-~ 1149 - MORTGAGE MODIFICATION AGREEMENT Tiffs Modification is made this 31 s t day of D e c emb e r Wells Fargo Bank, N.A. (the "Bank") and Name(s) of borrower(s) RANDY R NELSON (the "Borrower") Name(s) of borrower(s) DARLA MAE NELSON (the "Borrower") Name(s) of borrower(s) (the "Borrower") Name(s) of borrower(s) (the "Borrower") Name(s) of borrower(s) (the "Borrower") Name(s) of borrower(s) (the "Borrower") and RANDY R NELSON 2004 between Name(s) of mortgagor(sytrustor(s) (the "Mortgagor") residing at 13 PO BOX GROVER, WY, Address and DARLA MAE NELSON 83122 and Name(s) of mortgagor(s)/trustor(s) Name(s) of mortgagor(sytrustor(s) Name(s) of mortgagor(s)/trustor(s) Name(s) of mortgagor(s)/trustor(s) Name(s) of rnortgagor(s)/trustor(s) and and and EQ360A (12/2004) .,0565 modifies an original Mortgage (i) dated 04 / 2'7 / 1 ~9@ (together xvith any modifications to it made prior to the date of this Modification), (ii) wlfich was executed to secure a home equity line of credit agreement ("Line of Credit") dated 04 / 2'7 / 19@@ , in the original maximum principal amount of $10,000. O0 with a maturity date of 05/15/2019 , and payable to the order of We l I s Fargo Bank, N.A. (iii) which is recorded in Book/Roll 430 at page(s) 128 of the COUNTY of L INCOLN County, State of WYOMING as document No. 858583 , (iv) in connection with the filing of wlfich, a mortgage registry tax was paid to the Treasurer of said C 0 UN T Y in the amount of $ N / A on N / A and that Treasurer has placed his or her stamp on the Mortgage, said stamp bearing the ntnnber N / A ., and (v) which affects the rights with respect to the collateral defined therein as the "Property" which is located at 308 MAIN ST GROVER, WY 83122 and is described as follows: SEE ATTACHED EXHIBIT 32190110100200 Tiffs Modification further modifies the Line of Credit to reflect certain clmnges to the Borrower's revolving Line of Credit with the Lender that is secured by the Mortgage and the Borrower/Co-Grantor acknowledge that the Line of Credit and Mortgage are valid and enforceable and represent the Borrower's/Co-Grantor's legal and binding obligations, free and clear of any claim, defense or offset. Agreement Accordingly, in consideration of the premises and other good and valuable consideration, each paid to the other, the parties to this Modification agree to as follows: [-~ Change in Credit Limit. The Borrower/Co-Grantor hereby agrees that the maximmn available principal amount of the Line of Credit is now $ 20,000. O0 and that the lien of the Mortgage shall secure the Line of Credit up to that amount as it is advanced and outstanding from time to time. Each reference in the Mortgage to the maximum amount of the line of credit is 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 Modification to refer to the Line of Credit as it is now amended by the Modification, together with any future extensions, modifications, or renewals thereof. The lien of this Mortgage shall continue to secure the revolving Line of Credit, wlfich is now evidenced by the modified Line of Credit. Extension of Maturity Date. The Borrower hereby agrees that the revolving Line of Credit will terminate and the entire unpaid principal balance outstanding on the Line of Credit, together with any unpaid finance charges and other charges, will be due and payable in full on N/A . Until such date, the Borrower agrees to make the monthly payments as disclosed in the Line of Credit. ce Charge/Margin. The Borrower hereby agrees that the daily periodic rate will be [fiT-~ increased decreased to 1/365 or 1/366 during leap years of N/A % over the "Index Rate" which losed in the Line of Credit. ' EQ360B (12/2004) L, 0566 Rescission. The Borrower/Co-Grantor has exercised their right to rescind any use of the Line of Credit for purposes other than to purchase the Property. Therefore, the Mortgage and Line of Credit are hereby modified to close the Line of Credit, to limit the "Secured Debt" to $ N / A as it relates to the Line of Credit and to delete all Riders attached to the Mortgage as they may relate to an open-end line of credit. The following terms and conditions apply regardless of which boxes are checked above: All original terms and conditions of the Line of Credit and Mortgage (including any previous modifications) remain in full force and effect, except as modified by this Modification, and the Borrower/Co-Grantor agrees to be bound by and to perform all of the covenants and agreements in the Line of Credit and Mortgage at the time and in the manner therein provided. The Borrower agrees to pay or reimburse the Lender for any and all fees payable to public officials in connection with this Modification, and the recording hereof, including any Mortgage registry tax that may be due. This Modification 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. The Borrower agrees that the Lender may make certain changes to the terms of the Line of Credit at specified times or upon the occurrence of specified events. The Lender may make insignificant changes, such as changes in the address for payments, billing cycle dates, payment due dates, day of the month on which index values are determined, index or interest rate rounding rules, and balance computation method (if the change produces an insignificant difference in the interest the Borrower will pay). The Lender 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 Lender also may change the index and margin the Lender uses to determine the annual percentage rate if that index is no longer available. The Lender can make any of these changes discussed above without the Borrower's consent, unless state law provides otherwise. The Lender will give the Borrower notice of any change that is required by law. The Lender also can make changes that the Lender and Borrower agree to in writing. Co-Grantor Liability. Any party that signs below as a "Co-grantor" did not execute the Line of Credit but signs to grant and convey, under the terms of the Mortgage, such interest as that party may have in the Property. Such party is not personally obligated to pay the debt evidenced by the Line of Credit and this Modification and secured bY the Mortgage (as renewed, extended, and amended hereby), and agrees that Lender and Borrower may agree to extend, modify, forbear or make any accommodations with regard to such debt or the Mortgage (as renewed, extended, and amended hereby) without such party's consent. NOTICE TO CONSUMER (For purposes of this notice, "Consumer" and 'T' refer to the Mortgagor) THIS IS A CONSUMER CREDIT TRANCSACTION. I understand that: · I should not sign this agreement before I read the entire document, even if 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 agreement at any time without penalty; and I may be entitle to receive a refund of unearned charges in accordance with the law. EQ360C (12/2004) IN WITNESS WHEREOF, the Borrower/Co-Grantor and Lender have executed this Amendment as of the day and year first above written. Wel Is Fargo Bank, N.A. Name of Bank By: ITS MortgagorfTrust~ ~ Mortgagor/Trustor Mortgagor/Tmstor Mortgag0r/Trustor MortgagorfI'mstor Mortgagor/Trustor -- _ n NANUY R N~]_.-~%~C~N------~ ~°~°~x'~ ~l ~ Borrower Bo~ower Bo~ower Borrower Borrower {Acknowledgements on Following Pages EQ360D (12/2004) 0568 IN WITNESS WHEREOF, the Borrower/Co-Grantor and Lender have executed this Amendment as of the day and year first above written. Wells Fargo Bank, N.A. RANDY R NELSON Mortgagor/Tmstor DARLA MAE NELSON Mortgagor/Trustor Mortgagor/Trustor MortgagorfFrustor Mortgagor/Tmstor Mortgagor/Tmstor NANUY N NLLSUN Bo~ower DARLA MAE NELSON Bo~ower Bo~ower Bo~ower Bo~ower Borrower {Acknowledgements on Following Pages EQ360D (12/2004) ,: FOR NOTARIZATION OF BANK PERSONNEL ACKNOWLEDtlgMENT (All-Purpose): STATE OF LAJ 0V & , COUNTY OF ) ss. On ]- ~ -~ ~ before me, the undersigned, a Notary Public in and for said Stgte~person,ally ~ppeared · ~"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 my~n~ _ ~~i~l, ~al. Signatul~.' ~ Name: ,~ L_,,~/4-v (type or printed) My Commission expires: COUNTY OF ~'~ STATE OF t FOR NOTARIZATION OF BORROWERS/MORTGAGORS ACKNOW ~LI~ ,12[GMENT (Alt-Purpose): STATE OF --M,]"7/1 , COUNTY OF 1-) '-Zt ¢m/'va__ } ss. On /~, - .5 ./-d/5z before me, the undersigned, a Notary Public in and for said State, II.ersonally app~red ~ personally known to me -OR- [] proved to me on the basis of satisfactory ~vidence/ 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. Signature: ~'r~ ~ ~N~ _~~ Name: ,T) .~ ~/ ~ r- /.Tif -~'~ /t,~r~ _~ C> ~ (type or printkd) My Commission expires: 3/7, CrY3~ ~¥~:R. { JOHN.SON. I.,IOTARY PUBLIC ~ Lh'r. oln ~ , Wyoming ~ My Commission Expires t~,arch 29 2005 EQ360E (12/2004) , 0570 FOR NOTARIZATION OF BANK PERSONNEL ACKNOWLEDGMENT (All-Purpose): , COUNTY OF J-': -¢. Lv I--rt.- STATE OF On State, per'sonAl{y appeared } SS. before me, the undersigned, a Notary Public in and for said ~ 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 my hand and official seal. Signature: (~ .kkMZx ~ //x/~ Name: ~--~-e.~a-e. r-- I ~, (type or printe~ . _ My Commission expires: ~ Llncc~/n ~ State ot ~ FOR NOTARIZATION OF BORROWERS/MORTGAGORS ACKNOWLEDGMENT (All-Purpose): STATE OF-f,1~'-tj , COUNTY OF ]--~ "rtC_v/---,.k } ss. On /9--/~ ! / (0 5"- before me, the undersigned, a Notary Public in and for said State, pe(s_onall/y appeared personally known to me -OR- F-] proved to me on the basis of satisfactory dence/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. Signature: Name: "~e_ OTe wl--z~ (t~pe or printet~) My Commission expires: ._~/~ 9/05"" EQ360E (12/2004) ,0571 ACKNOWLEDGMENT (All-Purpose): STATE 0F'-'~0'74 , COUNTY OF L;-m_c_~l--,-._~ } ss. On /"2',/3t,/~ ~. before me, the undersigned, a Notary Public in and for said State, pe/rs&n/ally appeared / ~ personally known to me ,OR- [-] proved to me on the basis of satisfactory dvidence/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~Hand and/off~ieal.~ Signature: \._..).).,\~ ~Ax/Y,k . _~'4q.4t,~n/k_../ ......... , ........ · ...................... Name: '-~ ~, U cNv-J 4n 7~t"~_5o ~ ~EiiERLY JOHNSON-,qOTARY PUBLIC ii County of ~;g:~, State of '--~57PeOr prime{d) - ~ Lincoln ~,~,~,~ W~ornina My Commission expires: O--B /x? /q/ &5'~ .~.~?,~n[~_..~[o,r{~l) btamh 29, 2~0S ACKNOWLEDGMENT (All-Purpose): STATE OF'fiD v4 - , COUNTY OF /--; -ncz~ [--,4__ } ss. On /fA/-3 I],~K"{ before me, the undersigned, a Notary Public in and for said / State, person/ally appeared personally known to me -OR- [-] proved to me on the basis of satisfactory deuce/ 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. Signature: Name: ."~_ ~_ ~v-)-z~ t~pe or printed) ' My Commission expires: / / EQ360F (12/2004) Exhibit A Re~nce#: 20043553200574 Acct#: 0654-654-3131149- COMMENCING AT A POINT WHICH IS THE NORTHEAST CORNER OF LOT THREE (3) IN BLOCK THREE (3) IN THE TOWN OF GROVER, LINCOLN COUNTY, WYOMING AND RUNNING THENCE WEST 4 RODS; THENCE SOUTH 15 1/2 RODS; THENCE EAST 4 RODS; THENCE NORTH 15 1/2 RODS TO THE POINT OF BEGINNING. ALSO: LOT TWO (2) OF BLOCK THREE (3) IN THE SAID TOWN OF GROVER, WYOMING, ALSO: THE'WEST 20 FEET OF LOT 4, BLOCK 3 OF THE GROVER TOWNSITE, LINCOLN COUNTY, WYOMING, AS FILED ON THE 18TH OF JAN. 1898 AT 11:45 A.M. BY JAMES BROWN, BEING A PORTION OF LOT 1, SECTION 1, T32N, RllgW, 6TH P.M., AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4, BLOCK 3, SAID POINT BEING 501 FEET SOUTH AND 325.882 FEET S 89 DEGREES 48 MINUTES 49 SECONDS W FROM A LARGE WITNESSED NAIL MARKING THE NORTHEAST CORNER OF SAID LOT 1 AND SAID SECTION 1; THENCE NORTH, ALONG THE WEST LINE OF SAID LOT 4, BLOCK 3, 255.?5 FEET TO THE NORTHWEST CORNER OF LAST SAID LOT; THENCE N 89 DEGREES 48 MINUTES 49 SECONDS E, ALONG THE NORTH LINE OF SAIO LOT 4, BLOCK 3, 20.00 FEET; THENCE SOUTH, PARALLEL WITH THE SAIO WEST LINE OF LOT 4, 255.?5 FEET TO THE SOUTH LINE OF LAST SAID LOT 4; THENCE S 89 DEGREES 48 MINUTES 49 SECONDS W, ALONG LAST SAID SOUTH LINE, 20.00 FEET TO THE POINT OF BEGINNING. EQEXA1 (12/2003)