HomeMy WebLinkAbout20075333S.A.S E.
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And After Recording, Return To:
WELLS FARGO BANK,
NATIONAL ASSOCIATION
Loan Operations Center
730 S 2nd Avenue Suite 1000
Minneapolis, MN 55479
Attn: Collateral Processing
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COMPARE / ~/
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ADAMS COUNTY, NE
INST. N0. ~L~DO'7 5 3 3 3
Date d- 6-o Time 10:~~19Aa'1
TER OF DEEDS
MODIFICATION OF DEED OF TRUST
This Modification of Deed of Trust-(this "Modification") is entered into as of October 23, 2007, by
and between Scott C. Harmon and Rita R. Harmon, husband and wife ("Trustor"), and WELLS FARGO
BANK, NATIONAL ASSOCIATION ("Beneficiary").
RECITALS
parties:
This Modification is entered into upon the basis of the following facts and understandings of the
A. This Modification pertains to that certain Deed of Trust dated as of November 4, 1997,
executed by Trustor to, as Trustee, in favor of Beneficiary, and recorded on November 4, 1997, as
Instrument (Serial) No. 19974401, of the Official Records of Adams County, Nebraska, as modified from
time to time ("Deed of Trust"), with respect to the real property described on Exhibit A attached hereto
and incorporated herein by this reference.
B. The obligations secured by the Deed of Trust have been modified, or certain additional
obligations have been or are to be incurred which are to be secured by the Deed of Trust, or other
modifications to the Deed of Trust have become necessary, and Trustor and Beneficiary have agreed to
modify the Deed of Trust to accurately reflect the obligations as secured thereby or such other
modifications.
NOW, THEREFORE, the parties hereto agree as follows:
The Deed of Trust is hereby modified to include within the indebtedness and obligations
secured by the Deed of Trust, the payment to Beneficiary_of all indebtedness and performance of all
obligations evidenced by and arising under that promissory note, loan or credit agreement, confirmation
letter and disclosure., or other evidence of debt, dated as of October 23, 2007, evidencing indebtedness of
Scott C. Harmon and Rita R. Harmon to Beneficiary in the principal amount of $150,000.00, together with
interest thereon, and any such indebtedness or other obligations incurred under or in connection with the
credit accommodation evidenced, even if not specifically referenced therein.
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200'75333
The Additional Note increases the maximum lien amount of this mortgage from $200,000.00
(existing lien amount) to $350,000.00 (new lien amount), evidencing additional advances of
$150,000.00(difference between existing lien amount and new lien amount).
The real property and the whole thereof described in the Deed of Trust shall remain
subject to the lien, charge or encumbrance of the Deed of Trust and nothing herein contained or done
pursuant hereto shall affect or be construed to affect the liens, charges or encumbrances of the Deed of
Trust, or the priority thereof over other liens, charges or encumbrances, or to release or affect the liability
of any party or parties who may now or hereafter be liable under or.on account of said promissory notes,
loan or credit agreements, confirmation letters and disclosures, or other evidences of debt and/or the
Deed of Trust.
All terms and conditions of the Deed of Trust not expressly modified herein remain in full
force and effect, without waiver or amendment. This Modification and the Deed of Trust shall be read
together, as one document.
IN WITNESS WHEREOF, the parties hereto have caused this Modification to be executed as of
the day and year first above written.
BENEFICIARY:
WELLS FARGO BANK,
NATIONAL ASSOCIATION
By: ~~ ~~~ ~£~
Rick Washburn
Title: Business Banker
TRUSTOR:
Scott C. Harmon and Rita R. Harmon
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Scgqtt'~ arm
/~.i~ ~ ,~ ~~{~/VJZE~t/
Rita R. Harmon
INDIVIDUAL ACKNOWLEDGMENT
State of ! V ~ry
County of !-1C~,.~.5
The foregoing instrument was acknowledged before me this ~~~~ day of V ~~ie~ : , 2007 ,
by Scott C. Harmon and Rita R. Harmon, husband and wife.
'~Si nature of Person Taking Acknowledgment
III GENERAL NOTARY-Stale of Nebraska ~~L7~r~«
~i KATHLEEN M.DES$ENBERGER Tltle Or R nk
-y..-. Niy Comm. Exp. ~ o~"
Serial Number, if any
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200"15333
LENDER ACKNOWLEDGMENT
STATE OF /"~
hh )SS
COUNTY OF li"~~'^"'" )
On this ,;1(~"~ day of (~ ~~hPn , 20 c?'): ,before me, the undersigned
Notary Public, personally appeared Rick Washburn and known to me to be the Business Banker,
authorized agent for the Lender that executed the within and foregoing instrument and acknowledged
said instrumeht to be the free and voluntary act and deed of the said Lender, duly authorized by the
Lender through its board of directors or otherwise, for the uses and purposes therein mentioned, and on
oath stated that he or she is authorized io execute this said instrument and that the seal affixed is the
corporate seal of said L der.
B`y' (,~c„,`1v~ l ,~,~qq Residing a '.r
Notary Public in and for the State of /t!~~ _ _
/~ GENERAL NOTARY-Stale of Nehraska
My commission expires t,(,L~ f o2 wi ~ l~ll KATHLEEN M. DE SENBFI7GER ,
fvly Comm. Exp. ~~~~~
..._... .a._.._.,....,:
EXHIBIT A
TO
MODIFICATION OF DEED OF TRUST
Legal Description of Property:
The Northwest Quarter (NW1/4) of Section Twelve (12) ,Township Eight (8) North, Range Nine (g) West
of the 6"' P.M., Adams County, Nebraska, except tract on the North conveyed to the State of Nebraska for
highway purpose
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EXHIBIT "A"
Legal Description for Scott C. Harmon and Rita R. Hannon property:
The Northwest Quarter (NWl/4) of Section Twelve (12), Township Eight (8) North,
Range Nine (9) West of the 6`h P.M., Adams County, Nebraska, except tract on the North
conveyed to the State of Nebraska for highway purposes.
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