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Home My WebLink About918302 ";:i~Ò~¡:i;~í:;o;'''' '!::.i'i:¡:':::· ",; :\',:_>_¡_!;:':';'~;£.1::;;:":;,_".:;::' ',':-,;:,-'{''..i).-. P: !'j:~~¡!Î!j!.ì~¡!¡~¡'.:..,,:-. ,;¡ ~;:~::::.~:::ti~3f',:,;,_: -::'!' :i; :!'.!.:;~, ~;-";:.!'.:.. ... ," . :::I::;Ù·"r..i~i:¡;tJ~!~ '~;>":;~ ': ~.~~.;...~.~.:.:': -:' '; ,":. dJ C00782 AGREEMENT ADJUSTING LOAN TERMS AND MODIFYING PROMISSORY NOTE AND MORTGAGE THIS AGREEMENT is made and entered into as of the 1st day of March, 2006, by and betweenBV LENDING, LLC, an Idaho limited liability company, hereinafter referred to as "Lender" and ALP EN HAUS INVESTMENTS IT, LLC, a Wyoming limited liability company herein after referred to as "Borrower". RECITALS: , A. Lender is the holder of a ProDÙssory Note dated August 25, 2005, executed by Borrower in the original principal amount of $250,000.00 (the "Promissory Note"). B. The Promissory Note is secured by a Real Estate Mortgage dated August 25, 2005, which was recorded on August 25, 2005 in Book 595PR on page 762 of Lincoln County public records, State of Wyoming (the "Mortgage'} Ù \ \ -[ f r/ C. The parties have agreed to modify and amend the Promissory Note and the I , Mortgage as set forth herein. AGREEMENTS: NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, it is agreed as follows: 1. As of March 1,2006, the current principal balance of the Promissory Note is $250,000.00 and the accrued interest is $-0-. 2. The Promissory Note and the Mortgage are hereby modified in the following respects only: a. The maturity date for the Promissory Note as set forth in the last line of Paragraph 2 is changed from March 1, 2006 to August 15, 2006. b. The maturity date for the Promissory Note as set forth in the last line in Paragraph 2 on page 1 of the Mortgage is changed from March 1, 2006 to August 15, 2006. RECEIVED 5/12/2006 at 4:26 PM RECEIVING # 918302 BQOK: 619 PAGE: 782 ; JEANNE WAGNER LfNCOL¡N COUNTY CLERK, KEMMERER, WY --- ~- -- 1 Agreement Adjusting Loan Tenns and Modifying Promissory Note and Mortgage ';:iillim~¡;¡~I~I:~~; r:::::r:r?::¡f:f:~¡;~, ~IN'V·;ft~':~i~r' ,;. ';:':9~¡'.LI;~;':I;'. _ '., 'i-;:~,·.',~ ,'J.~¡ .,,:, ~~::~2¿.::·-'..'1' ~'::'Si·''':. i,~;'~'~' ';', ':·;<:~·;·;·~~·i'~';·; ... ·'·'.:r-~·-\..S't_':'<;~..I"~\;~'."!S!:;:~"_:"?;'j~¡ ::.'!:1" .' ..... ,,~;' .;,:,:~ ':. ~.':.;~.'...'.' - ' . -'€""I or> 09'1.8,i>O~ ,-, ^ ('. 1":1 8 3 tUUi c. Borrower wishes to incorporate the $248.00 Title Policy Modification Endorsement Fee (110.5) and the $500.00 Document Preparation Fee and the $18.00 Recording Costs into this loan. This $766 in fees will be added to the principal balance on May 1, 2006, resulting in a new principal balance of $250,766.00 as of May 1, 2006. 3. As an inducement to Lender to grant the modification and amendment of the Promissory Note and the Mortgage set forth herein, Borrower does hereby further agree wi~ and warrant and represent to Lender as follows: a. Borrower is the sole and unconditional owner of the Property remaining subject to the Mortgage. b. The lien of the Mortgage constitutes a valid, first and superior lien against all of the Property described in the Mortgage and all of the improvements thereon. c. That no other person, [mn or corporation, so far as known to Borrower, claims to own any interest in the fee title of the Property subject to the Mortgage, nor is there any suit or action now existing or threatening, which questions or which would or could impair either the validity or the priority of said lien held by Lender. d. There are no additional liens or encumbrances against the Property which is now subject to the Mortgage and which has been pledged as security for the Promissory Note which are junior and inferior to the Mortgage. e. That Borrower and their successors and assigns unconditionally warrant and agree to forever defend the Promissory Note and lien set out in the Mortgage as a [¡rst, valid and superior lien, and the sole and only [¡rst lien against the Property described in the Mortgage, against the claims of any and every person whomsoever, who may claim otherwise. f. In addition to all other remedies provided for in the Promissory Note and the Mortgage for the protection of Lender, all of which are expressly continued in full force and effect, if there be any breach of any warranty, representation, agreement or undertaking of Borrower contained in this Agreement, the same shall constitute a default, and Lender shall be fully authorized, at its option, to exercise any and all of its rights, remedies and procedures provided for in the case of default in the Promissory Note and the Mortgage, including, but not limited to, the acceleration of all installments and rights of foreclosure. The Promissory Note and the Mortgage are fully incorporated herein by reference, along with all adjustments, revisions and modifications, if any. 2 Agreement Adjusting Loan Terms and Modifying Promissory Note and Mortgage . ',,:,:¡~,;¡~,~p.".1':".';·,;::I:;.',. ~;~:':~".'¿:>,;.:,f(,:;-~-::>':ß;~!'1 ~,~'.:'¡ .'-,;!:':7,. ,,:~'" " ," .:.""c+¡..-"'~' ,':.,' . _ '·;ê,,;~~J;j'.,"~'~¡~;~i~I·~:.!o!Ò·.L,:(\ ~:,' ....; .:~~'-!I~J""",!.6:,: ,-,¡fÙ.'." ·_-~L";.ii,;·-!',-'.'''.'''" ~. {;;c!fc! ; r¡>: ,:¡;;.:(~t.:""'i~.'''·':_·:''·' .::. t,·.·~:¡~!;.,,~; :~';=S¡';~;~' ;...... rnrt"84 . \- \, i e;-~ 09:t8:::O~ 3. Borrower hereby extends all liens of every kind and character held by Lender on the Property described in the Mortgage until the Promissory Note and all indebtedness secured by the Mortgage, as modified herein, has been fully paid and Borrower agrees that the modifications set forth herein shall in no manner affect or impair the Promissory Note or the lien securing the same, and that said lien shall not in any manner be waived, the purpose of this instrument being simply to modify the Promissory Note and the Mortgage as set forth herein and to carry forward all liens securing the Promissory Note which Borrower acknowledges to be in full force and effect, and Borrower further agrees that all tenns and provisions of the Promissory Note and all adjustments, revisions and modifications thereto, and the Mortgage securing the same, are reinstated and once again agreed to by Borrower and shall remain in full force and effect, except as otherwise expressly provided for and modified herein. 4. Borrower agrees to pay to Lender simultaneously with the execution of this Agreement a Document Preparation Fee in the amount of$500.00 which is paid to Lender in consideration for Lender agreeing to modifY the Promissory Note and the Mortgage in the manner set forth herein. 5. Borrower agrees to pay all costs of documenting this Amendment including title policy endorsements, recording costs, etc. 6. Borrower agrees to execute any and all other documents which may be necessary to effect the purposes of this Agreement. 7. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 8. The warranties, representations, covenants and agreements set forth herein are intended to survive the execution of this Agreement wherever applicable. 9. In all other respects, not inconsistent herewith, the tenns of the Promissory Note and the Mortgage shall remain in full force and effect and be binding thereon. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. Lender: BV LENDING, LLC ~.~ VeíÍtures, LLC, ys member By: Cortney R. Liddlard, its CEO 3 Agreem~ Adjusting Loan Terms and Modifying Promissory Note and Mortgage lliilii~[~~¡Wi~~: ~'.ï;i':......t,;,,~ ~::;:~;::::::m:~:: ::~ ,.,f:';'"..;.:.;.,,:. ' ,- . ,',' "':'::':~:'.'..... .'. T,', i':·. -,'~J;','i'i! '.-\ ,':'.i,". ','¡", i;' .........1'...-, , 03~tS7.02 Borrower: r' r. G t'i 8 5 ~ , ~ !. ¡ ( ", - \." . P.O. Box 50540 Idaho Falls, Idaho 83405 - tick, Member and Manager P.O. Box50540 Idaho Falls, Idaho 83405 4 Agreement Adjusting Loan Terms and Modifying Promissory Note and Mortgage . .~.' ,';' ..; .........,~ ,'. ' ,'.' .'" '.' . ...........~!.........., ;-,", _'-J!''''''':;'''~0-;:::- ,,''''_>¡:''':_'.=,~- :.: .;', .' ". ,'<~¡'t~·'~~~'.- .Ä··· ,', . ~'1", ,'.': '. '.'..',¡._.'i--;:',~. , 09j,.8~~\02 '''"'.0ti86 ,,} \..j . STATE OF ) ) )ss. County of On the _ day of April, 2006, before me, the undersigned, a notary public in and for said State, personally appeared Cortney R. Liddiard, known or identified to me to be the CEO of Ball Ventures, LLC, the member who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such member executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. STATE OF Lv'/OMÌlvp )ss. County of LtNw¿tl ) On the Z~uday of April, 2006, before me, the undersigned, a notary public in and for said State, personally appeared LARRY REINHART, known or identified to me to be a manager and member of the limited liability company ALPEN HAUS INVESTMENTS, LLC and the manager and member or one of the managers and members who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such manager and member excecuted the same in said limited liability company name. GERRE L. ~~~TICK - NOTARY PUBLIC COUNTY OF' . STATE OF LINCOLN '. . WYOMING MY COMMISSION EXPIRES AUGUST 16, 2008 I --...............~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. k~~~ .. -'Notary Public for Residing at My Commission Expires: ø - 1(,- pG 5 Agreement Adjusting Loan Tenns and Modifying Promissory Note and Mortgage ¡Jlli;lli~llifill ~ , c , .',,,-"'..,,"':""";<':," '.~~;-,ti":mTIt~'f&!¡~b'.''',éf:;/!;;:3~;¡\:4_:{-'':''i-;:t!''¡':ðl~",~;~t~2..:Ç':'::~:<') _' _ ~_. " C' ·;"!,,t:'_.<.·~::':':i~L". , . - , or O:)1.8:"1;O~ STATE OF County of ) ) )ss. .'1;1 "~,.--';~~;': ;' ~~"~~'¡~',"!.'..~¿'j', ~'. :>fi·,~,¡¡~~!:..~~L'¡~,:~~·_ili\:~i;L'!~· "'~<£ 'd;~:-~. ',. :".. '':; f", ,,',: !;"t"~l'1';'-~':":,,,j~';:: :"",". . ;-' :. ';:'~l'} :!,.:' r' ,.... f'\ 1·'''1 8' 7 ~)~ tJ" ' On the ~ day of April, 2006, before me, the undersigned, a notary public in and for said State, personally appeared GERRE MCCLINTICK, known or identified to me to be a manager and member of the limited liability company ALPEN HAUS INVESTMENTS, LLC and the manager and member or one of the managers and members who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such manager and member excecuted the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first aboye written. (seal) \\\"IIIí¡¡¡'II/fll \\\\ -1'" R P 1III "" G \.. \ I"' . .1::- of"" ,'A V .......... ....-.ö~ ~ v ..- .~~'r" ~ ~ ..... ....~~ f / ~OTARy\: % == : q¡¡ . tJj...... ¡ :: ~ *\ "''':)USL\C / f ~ .~. -'-*$ ~ ~>-'-~.-.. ....... ~ ~ -1"-- ....... d.o ~ "of... / ¡:: rv- 10 1\.'<; , ,~ "'1/'" \......'f·- r\\,,' IJIIJ \ 1\ \ \ \ \ Lb e.~ Notary Public for -. ol.ø Residingat ~ ~~ My Commission Expires: 10 11"4 Zð II 6 Agreement Adjusting Loan Tenns and Modifying Promissory Note and Mortgage