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HomeMy WebLinkAbout20081502_ __- S.A.S E. .. NUM PGS DOC TAX CK# FEES 550 pp.~J.~O CK#~~ 20081502 CHG ~ ACCI'# RET FEES:_CASH_R.O.D. CK#.._. REC'l~) - ~ ~ r~can , RETURN ~ f m ~ a°° NUM ~Ievela.~A OfI ~/y /~4 ~- RD. COMP X ~Q~ /d-~1 COMPARE ~ Prepared By: Wells Fargo Bank, N.A. CADAS AO / LAURA M CAIN DOCUMENT PREPARATION ONE HOME CAMPUS, MAC X2303- O1W DES MOINES, IOWA 50328-0001 866-537-8489 Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC B6955-013 Billings, MT 59107-9900 Parcel/UPI #: 2841191200 Property Address: 124 UNIVERSITY ST HASTINGS, NEBRASKA 68901 State of NEBRASKA {Space Above This Line For Recording Data} ADAMS COUNTY, NE FILED INST. N0. ~ U 2 Datey l~ Time 11=~ 19 A/Yl ),~ ~" V REGISTER OF DEEDS MODIFICATION TO HOME EQUITY LINE OF CREDIT AGREEMENT AND OPEN-END DEED OF TRUST ~ ,.~ ~~ g ~ `I S Account Number: 650-650-7711062-1998 Reference Number: 20080717100191 This Modification `Agreement (this "Agreement") is made this 25TH DAY OF MARCH, 2008, between Wells Fargo Bank, N.A. (the "Lender") and CHRISTIAN J FRUEHLING AND SARAH E FRUEHLING, HUSBAND AND WIFE (individually and collectively, the "Borrower"). LOC Modification A rmt, HCWF#155v18 01/22/07) IIII~III II Il~lqul~ II ail II IIIAIIaIB~llulll IIIIII~IIII II~IINI~IIIIIIYI~ II 1~f~ Documents Processed 03-25-2008, 08:15:27 ~ of 7 ~oo~~.~02 Borrower has entered into a home equity line of credit agreement (the "Line of Credit Agreement") with the Lender, dated November 30, 2007, in the original maximum principal amount of $ 25,000.00. The Line of Credit Agreement is secured by a Deed of Trust dated the same date as the Line of Credit Agreement (together with any renewals, extensions, and modifications to it made prior to the date of this Agreement ), which is recorded in Book/Roll N/A at page(s) N/A of the County of ADAMS County, State of NEBRASKA as document No. 20080062 (the "Security Instrument"), and covering real property located at 124 UNIVERSITY ST, HASTINGS, NEBRASKA 68901 (the "Property") and described as follows: P. ~ A T ~ nTmTT ~ mT.~T\ Tl~i TTST CT A TT !1P 7~TTi RD A CTI A f'117TNTV !1Ti A 7T A 1~/TC UVTTT7 A R '1PH H32SY TJ CT. TT 1 CYTTI~T!'~C' ATT connA AGAR nrmn~rTTr v siTL-L`-z--1.v~.73TIVlr , , SEE ATTACHED. EXHIBIT A The Borrower has requested and the Lender has agreed to modify certain terms ofthe Line of Credit Agreement and the Security Instrument as set forth below. All terms not defined in this Agreement shall have the same meanings as set forth in the Line of Credit Agreement. In consideration of the mutual promises contained in this Agreement, the parties agree as follows: Change in Credit Limit. The Lender and the Borrower agree that the credit limit under the Line of Credit Agreement is hereby increased to $40,000.00 and that the lien of the Security Instrument shall secure the line of credit up to that amount as it is advanced and outstanding from time to time. Each reference in the Security Instrument to the maximum amount of the line of credit is hereby amended to the extent necessary to reflect the modified credit limit. As a precondition to making the changes set forth above, the Borrower hereby agrees to pay to the Lender at the time of signing this Agreement the other finance charges and other charges that are enumerated and disclosed on the attached final HUD Settlement Statement which is integrated by reference into this Agreement. Except as amended by this Agreement, all terms and conditions of the Line of Credit Agreement and the Security Instrument (including any previous modifications) shall remain in full force and effect, and this Agreement shall not affect the Lender's security interest in, or lien priority on, the Property. The Borrower agrees to be bound by and to perform all of the covenants and agreements in the Line of Credit Agreement and the Security Instrument at the time and in the manner therein provided. This Agreement shall not be construed to be a satisfaction, novation or partial release of the Line of Credit Agreement or the Security Instrument. By signing this Agreement, the Borrower represents and warrants to the Lender that the Borrower has no counterclaims, set-offs or defenses to the Bank's rights under the Line of Credit Agreement or the Security Instrument. The Borrower agrees to pay or reimburse the Lender for any and all fees payable to public officials in connection with this Agreement, and the recording thereof, including any mortgage registry tax that maybe due. Borrower hereby acknowledges Borrower has received, read and retained a copy of the Agreement and the HUD Settlement Statement provided to me by Lender, all of which I agree to by signing this Agreement. ~1~ LOGY Modificatiolnu A rmt, HCNp WF#155v18N 01/22/07) IIIIaIII II IIIIIIII II II II IIUIIIII~IIIIII IIIIIIVIII~ II~II I~IIIIIIII~ II Documents Processed 03-25-2008, 08:15:27 oLO~7 ~00~1502 This Agreement 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. Co-Trustor/Co-Mortgagor Liability. As to any Borrower who signed the Security Instrument, but who did not execute the Line of Credit Agreement (a "co-trustor/co-mortgagor"), this Agreement does not modify, change or terminate the nature of the co-trustor/co-mortgagor's obligations in connection with the line of credit. The co- trustor/co-mortgagor is not personally obligated to pay the debt evidenced by the Line of Credit Agreement and the Security Instrument (as renewed, extended, and amended hereby). The co-trustor/co-mortgagor agrees that the Lender and the Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of the Line of Credit Agreement or the Security Instrument (as renewed, extended, and amended hereby) without the co-trustor/co-mortgagor's consent. The Borrower and the Lender have executed this Agreement under seal as of the day and year first above written. -Borrower CHRISTIAN J -Borrower Wells Fargo Ban , N.A. BY: ~ ~ ~~i. ~~'/~ (Seal) Its: l' {Acknowledgments on Following Pages LOC Modification A rmt, HCWF#155v18 01/22/07) Illlnll~ll IIIIIIIIIII III nl IIIIIIIII~IIIIII IIIIIIIIIII II~IIIIIIIIIIIII~ II 3~~ ~~ Documents Processed 03-25-2008, 08:15:27 ~of 7 2008502 This Agreement does not increase or extend any revolving credit insurance Bon-ower purchased in connection with the line of credit. Credit insurance means credit life, credit accident and health and/or credit disability insurance- Co-Trustor/Co-Mortgagor Liability. As to any Borrower who signed the Security Instrument, but who did not execute the Line of Credit Agreement (a "co-trustor/co-mortgagor"), this Agreement does not modify, change or terminate the nature of the co-trustor/co-mortgagor's obligations in connection with the line of credit. The co- trustor/co-mortgagor is not personally obligated to pay the debt evidenced by the Line of Credit Agreement and the Security Instrument (as renewed, extended, and amended hereby). The co-trustor/co-mortgagor agrees that the Lender and the Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of the Line of Credit Agreement or the Security Instrument (as renewed; extended, and amended hereby) without the co-trustor/co-mortgagor's consent. The Borrower and the Lender have executed this Agreement under seal as of the day and year first above t~n-itten. SARAH IJ FRUEHLING CHRISTIAN J FRUI:HLING Wells Far o Bank,~F~1.A~~ ~/` / , ._ ItS: ~~ {Acknowledgments on Following Pages LOC Mbctification A mt, HCWF#155v18 (01/22/07) Ilallll~ II~IIIIIIIIIIIIIIIII~III~I~IIYI~IIIpI~I~IIIII~UINI~Nllllllill -(Seal) -Borrower -(Seal) -Borrower ~'~ Documents Processed 03-25-2008; 08:15:27 ~-nt7 ~oo~i~o2 State. of Iowa County of Dallas On April 1 S`, 2008 before me, Scott A Mulhern/ Notary Public; personally appeared Gerri Laurence-Dunn, Vice President, Wells Fargo Bank N.A. 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. WITNI/SS my hai,~an offici 1 seal. Signature ~ ( ) U~ Seal Scott A Mulhern ~PR~; <s SCUTT MULHERN Notary PL1b11C ~~~ Commission Number 729611 ? °~'~~` My Commission Expires Jul 22, 2010 My Commission F,xpires : ~>~ Z,Zr ZO% Notary Acting in Dallas County/, Iowa Notary Public for the state of Iowa, residing in the city of Des Moines Notary Address: 800 Jordan Creels Parkway, West Des Moines, IA 50328. ~07C 7 1/I~ ~~V~~~V~ FOR NOTARIZATION OF BORROWERS For An Indivi ual `Acting I .His/Her Own Right: State of y) ~'~is , G~ County of ~.mJ The foregoing instrument was acknowledged before me this ~ Q ~Uh 2 S l ~~ (date) bySarc,~ ~ ,~ f= /' ~ ~~, l o~ ~ ~!'r"t t,a K J~ /~ Tu L h ~--t 9 (name of person acknowledged). Witness my hand and official seal, this the2 S day of ~:'~~ [Notary Seal] f N bras 6 ~~ ~, GENERAL NOTARY - State o e ka -~ MICHAEL M. SHUCK (Signature of Person Taking Acknowledgment) My Camm. Exp. Sept 13, 2009 , b ~ ~~ Title or Rank) / /~ z ~Q~ (Serial Number, if any) My Commission expires: ~ 1" ~j~ 1' ~~G~Gi.Pil ~C iSh aL~~ (Print Name of Person taking acknowledgment) LOC Modification A rmt, HCWF#155v18 01/22/07) III~II~II Illilll II III II II Illllllll~lll~llllllllllll~ln I~ I II 111111 IIII~II ~/~ ~' Documents Processed 03-25-2008, 08:15:27 (~ of 7 20081502 EXHIBIT A A PARCEL OF LAND LOCATED IN THE CITY OF HASTINGS, COUNTY OF ADAMS, STATE OF NEBRASKA, AND KNOWN AS: BEING LOT NUMBER 2 BLOCK 5 IN COLLEGE ADDITION TO THE CITY OF HASTINGS OF ADAMS COUNTY RECORDS. Permanent Parcel Number: 284-11912 CHRISTIAN JAMES FRUEHLING AND SARAH ELIZABETH FRUEHLING, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON 124 UNIVERSITY STREET, HASTINGS NE 68901 Loan Reference Number 20080717100191 First American Order No: 14278845 Identifier: FIRST AMERICAN LENDERS ADVANTAGE IIIIIIIII1111111111111 FRUEHLING 14278845 NE FIRST AMERICAN ELS MODIFICATION AGREEMENT Illlllllllllilllllllllllllllllllllllilll IIIIIIII IIIIIIIIII W hen recorded mail to: FIRST AMERICAN TITLE INSURANCE LENDERS ADVANTAGE 1100 SUPERIOR AVENUE, SUITE 200 CLEVELAND, OHIO 44114 A I"L'N: FT1l ZfJ '7 of 7