Loading...
HomeMy WebLinkAbout924301 HUU-~~-~~~O ~~,~q HI: I- 734 577 3333 P.0S/07 000823 RECEIVED 11/13/2006 at 11:10AM RECEIVING # 924301 BOOK: 639 PAGE: 823 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AMENDMENT TO MORTGAGE THIS AMENDMENT TO MORTGAGE dated as of the 26t/:l day of August, 2006, by and 'between Travis HoweR and Casey Howell, of 963 Meadow Way, Blackfoot, Idaho 83221 ("Mòrtgagori"); and Home Builders Finance, Inc. D.8.A OWner Builder Loan Services, a Michigan corporation with offic.. at 2035 Hogback Road, Ann Arbor, Michigan 48105 ("Mortgagee"). THIS IS A FUTURE ADVÄNCE MORTGAGE. THE MAXIMUM PRINCIPAL AMOUNT EXCLUDING PROTECTIVE ADVANCES, THAT MAY BE SECURED BY THIS MORTG~GE IS ~1t~,9N.OO. WITNESSETH: WHEREAS, Mortgagors obtained from Mortgagee a Loan in accordance with the terms and provisíons of a certain Construction Loan Agreement dated July 21, 2005 between Mortgagors an~ Mortg!gH (the "Loan Agreement"); and WHEREAS, Mortgagors are indebted to Mortgagee for money loaned and advanced by Mortgagee to Mortgagors in accordance with the terms and provisions of the Loan Agreement, wtlich indebtedness (i) is evidenced by a promissory note having an initial stated principal amount of $180,000.00 and dated July 27, 2005 (the "Original NoteN), and (ii) is secured by a certain Mortgage dated July 27, 2005, encumbering the rail property more particularly described on the attached Exhibit A, and recorded in Book 592, Page 648, of the records of linCOln County, Wyoming (the ·Original Mortgage"); and WHEREAS, Mortgagors have applied to Mortgagee, and Mortgagee hIlS .greed, to extend the maturity of the Loan andlor to increase the stated principal amount of the Loan; and WIILnr:AO, In oonneotion with auch exten:tion lind/or incrcCl:)c, Mortgagcco ol'ld Mortrolor novo o)(oçutod, among other instruments, an amendment to the Original Note (such amendment and eny prior amendments to the Original Note being the "Note Amendment," and the Original Note and the Note Amendment being the 'Note") and this instrument (this instrument and an prior amendments to the Original MortgëJge being the "Mortgage Amendment,· and the Original Mortgage and tt1e Mortgage Amendment being the "Mortgage"); and NOW, THEREFORE, in consideration of the premiaes and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowl~ged, Mortgagors and Mortgagee agree as follow8: . 1. All capitalized terms not otherwise defined hlrein are defined herein as in the Loan Agreement. 2. Tt1e LOl!ln shall be evidenced by the Note and the other Loan Documents and sKured by alt existing collateral and other security under the Note and the other loan Documents, Except as expressly amended and modified by the Mortgage Amendment and the Note Amendment, the Loan Documents (including. without limitation, the Loan Agreement, the Note and the Mortgage), and an of the representations, warranties, covenants, agreemenw, indemnifications and other terms and provisions thereof, shall be, and hereby !fe, ratifiltCf, confirmed and reaffirmed in all respects, and are hereby remade as of the date hereof IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first app..ing above. WITNESSES~' 7fdd/}üf2 MORTGAGORS: .1.JLAAÀJJ ~ Travis Howell (J- ,~<"~ ey Howell STATE OF WY~ING , COUNTYO~~ ) )SS ) îtl: ::;~:~~~;¡;ml!i~~t:" . . ,. . .. *">~""'I':"'" .' ...;::i¡~\~¡\~ml~ '" 0924301 000824 ~ ;WITNESSES: -ir Lilitr>ü B t Atton MORTGAGEE: HOME BUILDERS FINANCE, INC. D.BA OWNER BUILDER LOAN SERVICES a Michig n orporation By ??1fMV JJtM~ Ma ci Ibbetson I ;" , , STATE OF MICHIGAN ) L J ) SS COUNTY OF WCl';)nl e1QW ) . T.he foregoing instr ment was acknowledged before me this J"5+ day of 1\ Jov e..YY\ b-c.r- ,2006, by I , a duly authorized officer of Home Builders Finance, Inc. D.BA Owner Builder Loan Services, a Michigan cor ration, on behalf of said corporation. : Oº~c!,L.J . Notary Public County, Michigan My Commission Expires: - .'; 0..., T....._ Notary ..... Not.ry Sell får S. 01 "Woipa-~eo., r.. '. ~ -- .. ..\. Drafted By, and After Recording Return to: Cathy J. Towner Home Builders Finance, Inc. D.BA Owner Builder Loan Services 2035 Hogback Road Ann Arbor, Michigan 48105 Telephone: (734) 677-3000 AMEN2-WY ¡:::¡::::::~::::::::::: t'¡·;'i1,t.·.·.·i.·¡¡¡j ~~~~~~~;~~r~; 09ZL\301. 000825 EXHIBIT A PROPERTY DESCRIPTION Lot 52 of Amended Plat of Star Valley Ranch Plat 1, Lincoln County, Wyoming as described on the Plat No. 427346 of Lincoln County official records. Tne foregoing instrument was aC1<nOWleagea Defore me thiS .. ._~ aayor by Travis Howell and Casey Howell. , ZOOC5, ,-.~:- -~-. -'~"~-' . ._~"".,-..........~.._~... - - ¡;: KEll/E A. REA..?,.....'....-.....,.i.'...:0. .TARY-PUBLiè -,-, ~, . County of "I ~t:;'I';",:,: State of lincoln ~k:~P;~; Wyom,'ng ....,~, ~~¡4';t .::t ~ My Commissioi) E::;;i¡:~? December 6,2006 Notary Public County, WyomIng JlMEN2-WY ~