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Home My WebLink About914177 RECORDATION REQUESTED BY: Tolleson Private Bank 5550 Preston Road. Suite B Dallas, TX 75205-2661 RECEIVED 12/5/2005 at 2:36 PM RECEIVING # 914177 BOOK: 606 PAGE: 700 JEANNE WAGNER LINCOLN COUNTY CLERf<', KEMMERER, WY WHEN RECORDED MAIL TO: Tolleson Private Bank 5550 Preston Road. Suite B Dallas. TX 75205-2661 SEND TAX NOTICES TO: Heath Properties, L.P. 2121 Midway Road Carrollton. TX 75006-5039 r-· t'\ {..... ,."., .-\ {'\ '-,) U i U U SPACE ABOVE THIS LINE IS FOR RECORDER'S USE OI\lL Y MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated October 7, 2005, is made and executed between Heath Properties. L.P. formerly Heath Builders, L.P., whose address is 2121 Midway Road, Carrollton, TX 75006-5039 (referred to below as "Grantor") and Tolleson Private Bank, whose address is 5550 Preston Road, Suite B, Dallas, TX 75205-2661 (referred to below as "Lender"), MORTGAGE. Lender and Grantor have entered into a Mortgage dated October 7, 2004 (the "Mortgage") which has been recorded in Lincoln County. State of Wyoming, as follows: Recorded October 11. 2004 Lincoln County Clerk at Book 569PR. Page 645. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Lincoln County, State of Wyoming: Lot 19 of Shadow Dancer Estates Subdivision, Lincoln County, Wyoming as described on the official plat thereof The Real Property or its address is commonly known as Lot 19 of Shadow Dancer Estates, Alpine, WY 83128. MODIFICA TION. Lender and Grantor hereby modify the Mortgage as follows: Mortgage originally between Heath Builders. L.P. now known as Heath Properties. L.P. and Tolleson Private Bank being renewed and extended to mature Octouer 7, 2006. Borrower's payment schedule consists of 3 quarterly consecutive interest payments, ueginning January 7. 2006, with interest calculated on the unpaid principal balances at an interest rate based on the Tolleson Private Bank Base Rate (currently 6.75%). plus a margin of -0.500%. resulting in an initial rate of 6.25%; and one payment on October 7. 2006. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the index does not change; the actual final payment will be for all principal and accrued interest not yet paid. together with any other unpaid amounts under the Note. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the "Note"l. It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or elldorser. including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then ail persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERIVlS. THIS MODIFICATION OF MORTGAGE IS DATED OCTOBER 7. 2005. .<,' '1..) ../ GRANTOR: HEATH PROPERTIES, L.P. r ","",,Jr- "..~--;;;::..- "r. . /~,-, /' DWH 1N.\lE;:;JM~~~r.;$:·I~C. A ;;:XAS .~.o'À~PBAìION. General Partner of Heath Properties, L.P. ! \., '_;.>(~J".- // I // .,j' { ,/.,0</ æ ~.',! ,...~;> /. ~,_, .,,~i':(~ .._J..," .'···~,;//~.//C~;/~Ç~cf(;¡~~' ,,' h .iRicha·rd W. Heath,.--PresideÌ1t of DWH Investments. '----' Inc,' a Texas corporation LENDER: TOLLESON PRIVATE BANK x \ ('\" ~tr:J(L__ Authorized Igner - 1" ,',¡ '-"'1':7 Loan'NQ~'12286 Ii MODIFICATION OF MORTGAGE (Continued) r-' '\ (', t') '\ .~ '.. ' ! \ i i l ¡ ., . 'j '. ~ ..J.. Page 2 PARTNERSHIP ACKNOWLEDGMENT STATE OF -í-etCL<I. COUNTY OF ~fL.-{ ) 55 On this _ ~ day of _0 Ol!~ _, 20 D ~__, before me, the undersigned Notary Public, personally appeared Richard W. Heath, President of DWH Investments, Inc. a Texas corporation, and known to me to be a partner or designated agent of the partnership that executed the Modification of Mortgage and acknowledged the Modification to be the free and voluntary act and deed uj the partnership, by authority of statute r -ts Partnership Agreement, for the uses and purposes therein mentioned, and on oath stated that he or she is oriz' to execute this M ¡fi 'ati and in ct executed the Modification on behalf of the partnership. By _/;~;ii~:f~"-:w..~pfer" ~ . (~~~J.~J N01ARYPu/LICJTÅI~,QMí~U expires \ ." ,,,, .1 "UIIY~Yäp~u: I .......... JANUAi"(Y 17, :lOO)' "Mi\~ , 20 or ,b""m'Lrl)adfJiíW~dl~~..I~q. 9~¥JiubliC, personally tst~ and known to me to be the U lLù/JtL.JL-~ , authorized agent for the Lender that executed the wi¡hiñ and foregOIng instrument and acknowledged said instrument 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 an purposes therj/in mentioned, and on oath stated that he or she is authorized to execute this said instrumen ~ ld that the seal:ff¡~d i~ 3::0;_r¡'f~f of said Lender. . By _" R..-J RtL in at ___ U~__ n I~~:¡;'~'~~' JUt.jANNA HO[)GE~_ Notary ubli in and for the State of t;t:i.~~ ()rxAV ¡IòRŒ'Sf.ffl'6¥Mlr' s ï..;;~\.P!5¿; COlliillSSIOW EHlKU: ~.' JANUARY 17. ~Oay ~ On this appeared ;~ LENDER ACKNOWLEDGMENT ) ) SS ) LASER PRO llloding, V~r. 5,29,OQ,002 Copr. H/olhu,J Fu'<I,,~i..1 S¡¡luLionl" jnc. 19:'7, 2005. 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