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Home My WebLink About920531 C n 0 OJ 8 9 \. I". RECORDATION REQUESTED BY: Tolleson Private Bank 5550 Preston Road, Suite B Dallas, TX 75205-2661 RECEIVED 7/24/2006 at 12:34 PM RECEIVING # 920531 BOOK: 627 PAGE: 289 JEANNE WAGNER ~__~_'.~~~_~N COUNTY CLERK, KEMMERER, wY WHEN RECORDED MAil TO: Tolleson Private Bank 5550 Preston Road, Suite B Dallas, TX 75205-2661 SEND TAX NOTICES TO: Tolleson Private Bank 5550 Preston Road, Suite B Dallas, TX 75205-2661 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated July 3, 2006, is made and executed between Heath Properties, L.P., whose address is 2121 Midway Road, Carrollton, TX 75006 (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 September 27, 2005 (the "Mortgage") which has been recorded in Lincoln County, State of Wyoming, as follows: Recorded October 3,2005, Receiving # 912424, Book 600, Page 100 Lincoln County Clerk, Kemmerer, Wy, , REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Lincoln County, State of Wyoming: Lot 16 of Shadow Dancer Estates, Lincoln County, Wyoming as described on the official plat thereof The Real Property or its address is commonly known as Lot 16 of Shadow Dancer Estates, Alpine, WY 83128. MODIFICA TlON. Lender and Grantor hereby modify the Mortgage as follows: Principal loan increase in the amount of $230,000.00 resulting in a new loan amount of $980,000.00. All othê~ terms and conditions remain the same. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED JULY 3,2006. GRANTOR: HEATH PROPERTIES, L.P, LENDER: :O~~/LtJ/L~ STATEOF~ COUNTY OF ~ PARTNERSHIP ACKNOWLEDGMENT I 155 I .~~ 3 A.~~ltiJ;:~... ~';"f .,~*\ ì : = I. ,. .....$ ~~....;~:;. '" 4I,9/i,., USA M. TRAMMEll MY COMMISSION EXPIRES September 25, 2006 On this --1 O'f0 day of ;::}í_~ ' , 20 0 lt7 ,before me, the undersigned Notary Public, personally appeared Richard W. Heath, Pr.esident of DWH Inve ments. Inc.. 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 authodty statut or its Partnership Agreement, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to ex cut t is M dific tion and' fact executed the Modification on behalf of the partnership. By R";d;ng,,~ Rí¿~~ad"j~'Sö My commission eXPires~O(P . ltL--s.--rx YJ'S'JQ j-;. ¡oj -p, :*!~!::~~~ )' r,. '" p :!;~Í~~iliW Loan No: 13854 O~20531 MODIFICATION OF MORTGAGE (Continued) c n n ~) R nPage 2 STATEOF~ COUNTY OF . LENDER ACKNOWLEDGMENT ) ) SS ) , 20 ([)4> ,before and known to me to be the, _ , authorized agent for the Lender that ex cuted the within and foregoing instrument and acknowledged sai instrument to be the free and voluntary act and deed of the said Lender, duly authorized by the Lender through its board of r otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this said and t t t seal affi ed is the corporate seal of said Lender. ~' /~'ji{~~~\ i-: :*§ - . . .. ;,"'....a. ..~ . ...,f.......... .~, 't?I~I~"'.. USA M. TRAMMELL MY COMMISSION EXPIRES September 25, 2006 By Residing atff':QO PrP.S~ fuA "5\-<. aTÞ fJl J / Ì"v, I L~'7)C. Y 5705 My commission expires 016 0 (p ~ l I Notary Public in and for the State of lASER PRO L..nd~g, V.,. 5.31.00.004 Copr. Harland Fin.,çl. Solution., inç, 1991, 2006. All Righlt R_v~. . WYfTX 1:\8ANK\CFI\lPL\G201.FC TR.663 PFI-34 , .