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000866
RECORDATION REQUESTED BY:
Tolleson Private Bank
5550 Preston Road. Suite B
Dallas, TX 75205-2661
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WHEN RECORDED MAIL TO:
Tolleson Private Bank
5550 Preston Road. Suite B
Dallas, TX 75205-2661
SEND TAX NOTICES TO:
Heath Properties, L.P.
5550 LBJ Freeway, Suite 650
Dellas. TX 75240
RECEIVED 11/13/2006 at 12:02 PM
RECEIVING # 924334
BOOK: 639 PAGE: 866
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MODIFICATION OF MORTGAGE
THIS MODIFICATION OF MORTGAGE dated October 7, 2006, is made and executed between Heath Properties,
L.P., whose address is 5550 LBJ Freeway, Suite 650, Dallas, Texas 75240 (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 October 7, 2004 (the "Mortgage"1 which has been recorded in Lincoln
County, State of Wyoming, as follows:
Recorded October 11, 2004 Lincoln County Clerk. Book 569PR, Pege 636.
REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Lincoln County, State of Wyoming:
lot 13 of Shadow Dancer Estates Subdivision, Lincoln County, Wyoming as described on the Official plat thereof.
The Real Property or its address is commonly known as Lot 13 of Shadow Dancer Estates, Alpine, WY 83128.
MODIFICATION. lender and Grantor hereby modify the Mortgage as follows:
Mortgage originally between Heath Builders, L.P. now known as Heath Properties. L.P. and Tolleson Private Bank being renewed and
extended to mature October 7, 2007. Borrower's payment schedule consists of 3 quarterly consecutive Interest peyments. beginning
January 7,2007, with interest calculated on the unpaid principal balances at an interest rate based on the Tolleson Private Bank Base Rate
(currently 8.25%1, minus a margin of 0.500%, resulting in an initial rate of 7.75%: and one payment on October 7,2007. This estimated
final payment is based on the assumption that aU payments wHI be made exactly as scheduled and that the index does not change; the
actual final payment will be for all principal and eccrued interest not yet paid, together with any other unpaid amounts under the Note.
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 Ithe
"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 weiver 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 MODIFICA nON OF MORTGAGE AND GRANTOR AGREES TO ITS
TERMS. THIS MODIFICATION OF MORTGAGE IS DATED OCTOBER 7, 2006.
GRANTOR:
HEATH PROPERTIES, L.P.
lENDER:
E BANK
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Loan No: 12260 9Z4334
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MODI FICA TIC1r¡i¡:ßþ MORTGAGE
(Continued)
000867
Page 2
PARTNERSHIP ACKNOWLEDGMENT
STATE OF
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LINDA A. NICHOlSEN
Notary Public, State of Texas
My Commission Expires
August 15, 2010
COUNTY OF
On this ~ '1 'Ú1 day of ¡1) ~iaW- ' 20 t:J it;, ,before me, the undersigned Notary Public, personally
appeared Richard W. Heath. President of DWH Investments, 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
authority of statute or its Partnership Agreement, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized
to execute t IIAodification and in fact xecuted t Modification on behalf of the partnership.
By Resicfing at !/dÎ' k~~ lk íñ,fd~ ¡¡ ?~
Notary Public in and for the State of n. Kt;t; My commission expires ¿ø~ /5"': atJ /ð
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STAnOF~
COUNTY OF
LENDER ACKNOWLEDGMENT
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LISA M. TRAMMELL
Notary Public, State of Texas
My Commission Expires
September 25, 2010
On 'hi, dayaf (btv,bv.. m ,20 DIP ,befoœ~, the "A'aœ~nad Nota", Public, pa~nal~
'-!ppeared and known to me to be the V ¡ u ~rf'~df'C\""Ï
'.£l - , authorized agent for the lender that executed the within and foregoing instrument and
acknowledged sai instrumen to be the free and voluntary act and deed of the said lender, duly authorized by the lender through its board of
dire ors or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this said
inst m n and at the seal a ixed is the corporate seal of said lender.
Residing at~ Pre~f\ ~. Stc. dfSD
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M;commission expir.s . . ) a-
By
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