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HomeMy WebLinkAbout922753 .. ø ¡ RECORDA TIOH REQUESTED BY: T oIIeaon Private ..... 5550 Pruton ROMt. Suite B 0...... TX 75205-2661 000749 WHEN RECORDED MAIL TO: T oIIeaon Private ..... 6550 Pruton ROMt. Suite B 0...... TX 75206-2661 RECEIVED 9/25/2006 at 11 :49 AM RECEIVING # 922753 BOOK: 634 PAGE: 749 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SEND TAX NOTICES TO: Huth Properdu. L.P. 6459 Orchid .... O........TX 75230 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONl Y MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated September 8, 2006, is made and executed between Heath Properties, L.P., whose address is 6459 Orchid Lane, DeIIes. TX 75230 (referrad to below es -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 8. 2005 (the "Mortgage", which has been recorded in Lincoln County. State of Wyoming. as follows: Recorded September 20.2005. Receiving #912024. Book 598. Page 350 Lincotn County Clerk. Kemmer.... Wy. REAL PROPERTY OESCRIPTION. The Mortgage covers the following described real property located in Lincoln County. State of Wyoming: lot 15 of Shadow Dancer Estates. Lincoln County. Wyoming according to the plat filed August 11. 2004 in the Office of the County Clerk as Plat No. 173-C The Real Property or its address is commonly known as lot 15 of Shadow Dancer Estates. Alpine. WY 83128. MODIFICATION. lender and Grantor hereby modify the Mortgage as follows: Renew pril¡c:¡p.l1oM beIMce In the IImOUnt of .155.000.00 with querterty Interut p.ymenta beginning December 8.2006 end continuing on the 8th day of uch ~ therNfter &.mil maturity. September 8.2007. AI other tennlend conditions remain the HIM. 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 conatitute 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. baaed on the representation to lender that the non-signing person conaents 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 SEPTEMBER 8. 2006. GRANTOR: HEATH PROPERTIES. L.P. LENDER: TOLLESON PRIVATE BANK XA~~{cr¿ PARTNERSHIP ACKNOWLEDGMENT :::OF~~ :ss e MY=~ I On this ~ day of Qo ÁI f) .1M hill .20 Of.; . before me. the undersigned Notary Public. personally appeared Richard W. Heath. Pruident o~~~a~ known to me to be a partner or designeted 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 author' V 0 atute or its Partnership Agreement. for the uses and purposes therein mentioned, and on oath l\tated that he or ;,e is ~utjorized ~ìc: :, e"" ute . Modi' eti e~ In fe t executed ttie Modi io tlnn on .....it:.::;""". ~ 1: ~b~ J.--cQlX¡ 94'."''' M'-~~d-(X)I(J +~i~1:fm~:j¡¡~ji¡~\~ "':'.I;';;';';';':I:~ t~:;i*:~~2~*~J ·;\~t;~~mf LoYn No: 138390922753 MODIFICATION OF MORTGAGE (Continued) 000750 Page 2 STATE OF ~~Q~ LENDER ACKNOWLEDGMENT COUNTY OF I 155 I : .¡.4{·.~t~" : \ r} ,,,-, ';F" ... USA'" TIWoIEU. MV COMMISSION EXPIRES Sep&ember 25,2006 By , 20 () lJ; ,before and known to me to be the , authorized agent for the Lender that executed the within and fore iog instrument and c nowledged said instrument to the free and voluntary act and deed of the said Lender, duly authorized by the Lender through its board of otherwise, for the uses and purposas therein mentioned, and on oath stated !!!J~ he o~ she is authori~d _t~ e~ecute this said tha eaJ affixe ·s the corporate seal of laid Lender. '500D ~r-l bt-ð-y¡ ~M., ~~ .ô)SO '. R"kiing.t-WItl-~;y: ~dD~ Notary Public in and tOl the State of My comrniuion axpir.. ëJ ~ru.Å ) ;;¿ 5 ) ~ .........JIIIIO"-dina. v.,. 1.Ja.1Q.cxø Cotw,~""""'''''''1nCI.1.7.2IDOi. AI....."-wd. -wvrrx 1;~\Cft\U'L\GZ01_fC 3..1.....34