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RECORDATION REQUESTED BY:
T (¡\leson Private Bank
5550 Preston Road. Suite B
Dallas, TX 752.05-2661
RECEIVED 12/5/2005 at 2:38 PM
Rt:CEIVING # 914178
BOOK: 606 PAGE: 702
JEANNE WAGNER
LINCOLN COUNTY CLERK, 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
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONL Y
MODIFICATION OF MORTGAGE
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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 8, 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 636.
REAL PROPERTY DESCRIPTION. The Mortgage covers the fo~cribed real property located in Lincoln County, State of Wyoming:
Lot 13 of Shadow Dancer Estates Subdivision, Lincoln County, Wyoming as described on the official plat thereof.
The Retl Property or its address is commonly known as Lot 13 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 October 7, 2006. Borrower's payment schedule consists of 3 quarterly consecutive interest payments, beginning
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 ill 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 agreemr,nt secured by the Mortgage (the
"Note"). 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 endDrser. 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 all
persons signing below acknowledge that this Modification is given conditiunally, based on tha 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
TERMS. THIS MODIFICATION OF MORTGAGE IS DATED OCTOBER 7,2005.
GRANTOR:
HEATH PROPERTIES, L.P.
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ª'~.<9"A TE"'. A T'39'~-",POß ON, General Partner of Heath Properties, L.P.
B : C h--Æ!kLéÆrs J'
Richard W. Heath, Président of DWH Investments.
Inc. a Texas corporation
LENDER:
TOLLESON PRIVATE BANK
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MODIFICATION OF MORTGAGE
(Continued)
Page 2
loan No: 12260
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PARTNERSHIP ACKNOWLEDGMENT
STATEOF~~
COUNTY OF ~W{0
On this _~'-fL.____ day of ~ 0 \j?)!IØif , 20 üS-__, 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 of the
partnership, by authority of statute or its Partnership Agreement, for the uses and purposes therein mentioned, and on oath stated that he or
she is authorized to execute this M ific ion and in fact executed the Modification on behalf of the pårtnership.
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By
Residing
Notary
STATE OF ~~'{[-5
COUNTY OF (nW (¿ Y'
0" ,,,;, __ 9+t., ""'''--fd~.¥. ,-I '~rJ .Jð^, ~oy. \ , 20 ÐS- ,before e t e ur¡ rs' n.\~9ð'J9.ta~ 'Public, personally
appeared ~u::.~ ~~ and known to me to be the (t{L~
-. , authorized agent for the Lender that executed he within and foregoing instrument and
ack-nõ'wledged s'aid 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 and purposes therein mentioned, and on oath stated that he or she is authorized to execute this said
instrume t and t latJhe seal affixed is t ,corforate se I of said Lender.
By Cl
LENDER ACKNOWLEDGMENT
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LASER PRO L..nd~\\ , Vel. 5,29,00.002 Cap., Ha.l"nd Firll¡nci..! Saluliofh, In..:, t~97. 2005. All R¡¡ IH~ R"~"'\I~d. . W'{¡TX I:\ßAtJK\CflllPLlG201.FC TFI-153 PR-34