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HomeMy WebLinkAbout915602 i I \~ \ ,i' ·.·:.:I¡IL.ifj'¡ :...·j~ ,· i"õ4':,',jO-:,.'.'.! -, ',: ','1:t5'iÛ~·~~·-"._'.- ~ - , ~ ,"". ',..~'::: !-....;.,','.;: ,- .-~: ';': ··~·:.~:':·:CC';·¡ .'; .-....,. -" ;f'¡¡~~~;"*1i;_ '-<i;~' '. ~:~··~1t!'~"i_~-;o; '>~9'::' :......., i'.; ','. . ,!;II,!:, ·~;I.t\¡;¡li·;.~¡\'~~: 11¡!::·;o -'~~;"'i:';'.;:I;JI;;..:!¡~,;~.".' ~_.'. 21'01 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: RECEIVED 1/30/2006 at 3:30 PM RECEIVING # 915602 BOOK: 611 PAGE: 1 JEANNE WAGNER , LINCOLN COUNTY CLERK, KEMMERER wY .---------____ . I Wells Fargo Bank, National Association Real Estate Group (AU #07572) 1512 Eureka Road, Suite 350 Roseville, CA 95661 AUn: Lauri A. Parent Loan No. 101636 ADDITIONAL FUTURE ADVANCE AND CONSOLIDATION AGREEMENT (Short Form) The undersigned agree that that certain Mortgage ("Mortgage") executed by Alpine Junction LLC, a Wyoming limited liability company, as "Mortgagor", and recorded April 5, 2005, Receiving #907491, in Book 582, at Page 531, in the Official Records in the Office of the County Recorder of Lincoln County, Wyoming, which secures that certain Promissory Note ("Note") dated March 14, 2005, in the original principal amount of One Million Seven Hundred Eighty Seven Thousand Five Hundred and 00/100ths Dollars ($1,787,500.00), with a maturity date of December 3, 2007, executed by Alpine Junction LLC, a Wyoming limited liability company, as "Borrower", has been amended upon the terms and conditions set forth in an Additional Future Advance and Consolidation Agreement to provide, among other things, that pursuant to provision 2.1 (e) of the Mortgage, that the Mortgage and other Loan Documents which are security instruments shall additionally secure: (1.) the payment to Lender of all indebtedness and other obligations evidenced by and arising under that certain Promissory Note (the "Additional Future Advance Note") of even date herewith, with a maturity date of December 3, 2007, and executed by Borrower to the order of Lender in the original principal amount of Eight Million Nine Hundred Thirty Nine Thousand Nine Hundred Eighty Four and 00/100ths DOllars/($8,939,984.00) together with interest and other finance charges thereon and any and all amendments, modifications, extensions and renewals thereof (including, without limitation (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating said payment dates in whole or in part or (ii) modifications, amendments, extensions or renewals at a different rate of interest), whether or not any such modification, amendment, extension or renewal is evidenced by a new or additional promissory note or notes; and (2.) the performance of all of Borrower's obligations under the Additional Future Advance and Consolidation Agreement as amended or modified from time to time in writing. Said Alpine Junction LLC ADDLADVS.WY M (09/05) Page 1 LOAN NO. 101636 5158-1-12-LPARENT ~~m~~~~~l~lli¡~~ .' :.: '¡':'¡':';'. '¡',' ;~,' ':' ...... -. . '·~:·1f¿···,·,..,¡.;....~...;. ' '. ,;';··I_:''1''~'';t!!'"~~,.::I''i!.,. -'. '-:"'_.': - "',:'1""_''':'''':':', T~¡:'. ' ; - :'.' . 'j',' <j','."I'.'/"".<;I';:", Ii. ",;:: ~-. :t;iL'O~ ~.J ..J -..... W 'lÞ ,-.., f"'{,\OO 02 -/..J J H Additional Future Advance and Consolidation Agreement is by this reference incorporated herein and made a part hereof. The "Aggregate Loan", as defined in the Additional Future Advance and Consolidation Agreement, which is secured by the Mortgage is Ten Million Seven Hundred Twenty Seven Thousand Four Hundred Eighty Four and 00/100ths Dollars ($10,727,484.00). As specified herein, and pursuant to the Additional Future Advance and Consolidation Agreement, the undersigned agree that the maturity date on the Note has been amended, and presently bears an amended maturity date of December 3, 2007. Any partial reconveyance from the lien of the Mortgage of one or more lots shall be in accordance with the Additional Future Advance and Consolidation Agreement. Notwithstanding any acceleration provision and/or due on sale clause set forth in the Loan Documents, the right of Borrower to transfer one or more lots and the obligation of the Lender to partially reconvey such lot or lots pursuant to the terms of Section 6.7 of this Additional Future Advance and Consolidation Agreement shall control. Dated as of: November 15, 2005 "BENEFICIARY/LENDER" nt "BORROWER!' Alpine Junction LLC, a Wyoming limited liability company oming corporation, Manager By:¡11, Michael (ALL SIGNATURES MUST BE ACKNOWLEDGED) Alpine Junction LLC ADDLADVS.WY M (09/05) Page 2 LOAN NO. 101636 5158-1-12-LPARENT ,¡~f ..':.,....;.......,..!. ·.'U_·,· ..,J_,..... .'~'i'''''~ ,,'~,"'. -...-."":ÐaIOI!.IJor......¡Ik:.~,·...,....¡u\Pr·.:I~r.....~"':aw:~_.......I.,;.,..,·~..I.......r.""; .:""~ " ..-.~.~;_..~~.,.·...~~V_,....~ V . ~. ..-.....~ ..~-t.:,f-. ,.,..-_.~................t.."..''''. '-.,.,. ., , .....~.""b-....-,....~...__.u;.,"-o"!t';.,...-:'~......'.¡.........~~~.....,,, .....,... '. ,',' ..,..... ·.··;...,..·......~·.:U···,.. ....":.,, .',..:1-:." '. "."'.,~'~i!~;1.~." . , ,-, r--¡ _602 ~I .;~J'" .....,:. . , '-.J '-' ~ ~ r:ncon3 ",-,) - EXHIBIT A DESCRIPTION OF SUBJECT PROPERTY Exhibit A to the Additional Advance and Consolidation Agreement dated as of November 15, 2005, by and between Alpine Junction LLC, a Wyoming limited liability company ("Borrower") and Wells Fargo Bank, National Association ("Beneficiary"). All the certain real property located in the County of Lincoln, State of Wyoming, described as follows: .. . .- -. -_.~.. ._- ...---.--. ...._-- Lots 1 though 188 inclusive of Alpine Meadows Subdivision, Lincoln County, Wyoming as described on the official plat filed August 23, 2005 as Instrument No. 911176 of the records of the Lincoln County Clerk, being the same land described as follows: A portion each of the SE~SE~ of Se'ction 19, the SW~SW~ of Section 20, the NW~~ of Section 29 and the NE~E~ of Section 30, T37N Rl18W of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: BEGINNING at an irpn pipe set in a county road to old Alpine, said pipe also being on the North line of said SW~SW~ of Section 20, S 89°57'07" W, 1189.45 feet from a Brass Cap Monument set at the Northeast corner of last said SW~SW~; thence running South, 2322.37 feet to an iron pipe set in the Northerly line of the Bureau of Reclamation property taken for the purpose of the Palisades Reservoir; thence N 82°21'22' W, 123.52 feet to an iron bar marking a corner of last said Northerly line¡ thence N 63°45'57" W, along last said Northerly line, 582.08 feet to an iron pipe set; -- . thence North, leaving last said Northerly line, a distance of 2052.12 feet to a point in the North line of said SE~SE~ of Section 19; thence S 89°36'15" E, along last said North line, 519.74 feet to a SERV,;, KAP marking the line between said Sections 19 and 20 and the corner common to said SE~SE~ and said SW~SW~¡ thence continuing N 89°57'07" E, along said North line of said SW~SW1Á, 124.81 feet to the POINT OF BEGINNING. Alpine Junction LLC ADDLADVS.WY M (09/05) Page 3 LOAN NO. 101636 5158-1-12-LPARENT f:i:::f:::::~~:::¡;¡:~; !:,."",I,..,.,~~:.~~\ .'J~1ií-' w.'~ r!!;f~~~lli~~J .-.....-............... (}S::S60Z ALSO Portions of the of the .6th P.M., follows: r n r l"'¡ tJ 4·· ..... \.J \,} J SWXSWX of Section 20 and the NWUNWU of Secti.on 29, T37N R1l8W Lincoln County, Wyoming, being more particularly described as BEGINNING at a brass cap monument set at the Northeast corner of said SWXSWU of said Section 20 and running thence S 0°04'25" E, 1321.20 feet to a brass cap monument set; thence East, 2,71 feet to a brass cap monument found; thence S 0°00'16" W, 1094.38 feet to a brass cap monument found marking the North line of the Bureau of Reclamation property, taken for the Palisades Reservoir; thence N 88°17'46" W, along last said North line, 592.61 feet to ~n iron pipe set; thence North, 2397.46 feet to an iron pipe set in the North line of said SWX; thence N 89° 57' 07" E, along last said North line, 588.03 feet to the POINT OF BEGINNING. ALSO Portions of the SW~SWU of Section 20 and the NWUNWU of Section 29, T37N R118W of the 6th P. M., Lincoln County, Wyoming, being more particularly described as follows: BEGINNING at an iron pipe set in the North line of said SWUSt.¡U of said Section 20, said iron pipe being S 89°57'07" W, 588.03 feet from the Northeast corner thereof; . thence running South, 2397.46 feet to an iron pipe set in the North line of Bureau of Reclamation property I taken for the Pal isades Reservoir; thence N 88°17'46" W, along last said North line, 58.67 feet to an iron bar found¡ thence N 82°21'22' W, along said North line 547.64 feet to an iron pipe set¡ thence North, 2322.37 feet to an iron pipe set in the first said North line; thence N 89°57' 07" E, along last said North line, 601.42 feet to the POINT OF BEGINNING. ALSO That part of Lot 3 of the NEUNW~ of Section 29 and the SE~SW~ of Section 20, T37N R118W of the 6th P.M., Lincoln County, Wyoming, it being the intent to finitely describe and mark upon the ground that description included in the Quitclaim Deed of record in the Office of the Clerk of Lincoln County in Book 91PR on page 489, described as follows: ~. ... ~'i .. ~. ,\ ,. ... ·.,....-.........:....1.-._ ~.,.,...~..~. ,. ....,.... ..., -.r..t._a:.~..~....... \. "....""""".;":'.. ..~.-..~-,.... '~~.' ..,......~ ...,.-, .0",,, . .",.: ...". . '_'~:'~.O.::... '._. ..-.' '...~,~.."",'.'.- \:¡z .;.... 'c;cn.2 .J --.I ~.aI ~ 'U V ,"" ('I 0', {j ¡'¡ 5 '/"/ } \..J " BEGINNING at the Southwest corner ,of said SE~SW~ found as described in the Certified Land Corner Recordation Certificate filed in the said Office; thence South, 124.55 feet along the West line of said Lot 3 to a point; thence N 89°59' E, 762.54 feet to an intersection with the Westerly right-of-way of State Highway 89¡ thence N 08°03.3' W, 125.79 feet along the said right-of-way to an intersection with the North line of said Section 29, S 89059' W the base bearing for this survey, 570.79 feet from the North ~ corner of said Section 29 found as described in the Certified Land Corner Recordation Certificate filed in the said Office; thence continuing N 08°03.3' W, 294.16 feet along the said right- of-way line to a point; thence S 89°59' W, 704.44 feet to an intersection with the West line of said SE~SW~; thence S 00°08.9' E, 291.27 feet to the CORNER OF BEGINNING. EXCEPTING THEREFROM the streets and alleys shown on plat of Alpine Meadows Subdivision filed August 23, 2005 as Instrument No. 911176 of the records of the Lincoln County Clerk. ~~!m;~!¡;mii!¡~ '. , , ~ill:!:1~~:~:!~~;~:'~ .~~ ,:_ l~~i'0' :~;tl::~:*1:¡'¡~: '!'·I..tl!,~,~'·.·i·. . ~ì;jm~¡~¡¡m¡!m~m .. .' ·:~!.·¡"'''''.¡I'¡:,r¡:r.: :''.;:!'· , .' : ·~'~~1:.~.:.·.7..·· ~ .', ....-,N'I.-:<f\......',,,....... h'.,....-.....· ':',:':'" .'.,'..'..'.:...,.......:,..,.:..;...-, .' '-¡::o~ t~:":":::"':~'U' N ,r (' r t':. (i 6 ! ", .. ~, ~. d ,j STATE OF WYOMING COUNTY OF ---¡-;- ~ On this /O~ay of for the State of Wyoming, personall SS. appeared personally known to me (or proved on the b sis 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. Signature ad:- My commission expires JWE S. FRAPPART . ~rARY PU8UC - County of Ah.· .' ~".'" of TteDn 'IV ~ CommtIIIon 31. aooe Alpine Junction LLC ADDLADVS.WY M (09/05) Page 4 LOAN NO. 101636 5158-1-12-LPARENT .. ,¡~~ , '.' .;..,;~ ';1.;4;'"' ;-,.. "',.' .... ;:.~ · ·i:a:b~·i·".·.·· .'. '.,';:- 'J;\"~:"...~:--"'c'" :..';,.,...... 'Lti!Ò: ,~,~".¡.,. ;_~.:s'~'~..' . . :"",1';:- i~:'\ .~,; "':.t:.¡"..",,:, -~"". .:. ~..',-. ':7',.o;"'~':~"';':O:O:;\ ;,' :~.", . {:,~~ ....·t:)'CO...... ~V....,~'U ... ,f"' t'! 0."'" '. 7 ·-\./uuu STATE~~ COUNTY 0 " On this . ay of ' , " be ore me, a Notary Public in and for the Stat41J1omin personally ap ared I ' personally k own to me (or proved 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. r--'--r-];5yÃÃv-puaTë-'" 18 1tFFAHY SUE ~ I 298 S MAIN, T 8TH I SALT-LAlÅ’8fTY.,UT, ~ , '- . "'~-~f!1Ir.lI'=J -----...-..... WITNESS I11Y hand and official seal Signatur(jwelo /1\...~ My commission expires 3 -;D -ðf Alpine Junction LLC ADDLADVS.WY M (09/05) Page$" LOAN NO. 101636 5158-1-12-LPARENT ~!j¡:!~:::::¡~f!¡¡;:?i.,., . "}~~;~~'1i;<¡"i ~di, !.'.;¡.i, ~!"",'