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HomeMy WebLinkAbout876215 RECORDATION REQUESTED ZlONS FIBST NATIONAL BANK AMERICAN FORK 606 EAST STATE ROAD AMERICAN FORK, UT 84003 W,EN RECORDED MA L TO: ZIONS FIRST NATIONAL BANK Loan Servicing Group 863-C 2460 South 3270 West West Valley City, UT 84119 SPACE ABOVE THIS LINE !S FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated September 11, 2001, is made and executed between ERIC R. ROBINSON, whose address is 15 NORTH COUNTRY LANE, OREM, UT 84057 (referred to below, as "Grantor") and ZIONS FIRST NATIONAL BANK, whose address is 606 EAST STATE ROAD, AMERICAN FORK, UT 84003 (referred to below as "Lender"). MORTGAGE. Lender and Grantor have entered into a Mortgage dated May 17, 1996 (the "Mortgage") which has been recorded in LINCOLN County, State of Wyoming, as follows: RECORDED MAY 24, 1996 iN BOOK 383PR AT PAGE 644 AS ENTRY NO. 820299. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in LINCOLN County, State of Wyoming: BEGINNING AT A POINT WHICH IS 47 RODS WEST OF THE EAST QUARTER CORNER OF SECTON 10, T35N, RllgW, 6TH P.M., WYOMING AND RUNNING THENCE WEST 33 RODS; THENCE NORTH 50 RODS; THENCE EAST 33 RODS; THENCE SOUTH 50 RODS TO THE POINT OF BEGINNING. The Real Property or its address is commonly known as LINCOLN COUNTY ROAD 169 //146, ETNA, WY 83118~ The Real Property tax identification number is 0193511946095.0, 0540011903700.0, 3519101001380.0 AND 0190011946150.O. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: THE PRINCIPAL AMOUNT IS HEREBY INCREASED FROM $294,000.00 TO t~450,000.00. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full farce 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 tills 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. DEFINITION OF INDEBTEDNESS AND NOTE. ;~lndebtedness" and "Note" as referenced herein are f~ereby deteted in their entirety and replaced with the following: Indebtedness. The word "Indebtedness" means and includes without [imitation ail Loans, together with all other obligations, debts and liabilities of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower, or any one or more of them; whether now or hereafter existing, voluntary.or involuntary, due or not due, absolute or contingent, liquidated or unliquidated; whether Borrower may be liable individually or jointly with others; whether Borrower may be obligated as a guarantor, surety, or otherwise; whether recovery upon such indebtedness may be or hereafter may become barred by any statute of limitations; and whether such indebtedness may be or hereafter may become otherwise unenforceable. Note: The word "Note" means and includes without limitation Borrower's promissory note or notes, if any, evidencing Borrower's Loan obligations in favor of Lender, as well as any substitute, replacement or refinancing note or notes therefor. /GRANTOR ACKN~3WLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED SEPTEMBER 11, 2001. GRANTOR: ' ~ ~(:~-I.~ MODIFICATION OF MORTGAGE Loan No: 9003 (Continued) C ,'~ i:~ Page 2 LENDER: //~ , Au~a~l~e~ S~g~'~r - ~ (. INDIVIDUAL ACKNOWLEDGMEN~ .................... -,,  L B. STOCK STATE OF ~/1 ) ~T~RYPUBLM,ST~TEdUTM ) ss 606 EAST STATE COUNTY OF ~ ) AUE~ICAN FORK, UT 84003 COMM. EXP 5-21 On this d~y before me, the undersigned Notary Public, personally appeared ERIC R. ROBINSON, to me known to be the individua~ described a~d who executed the Modification of Mortgage, and acknowledged that he or she signed the Modification as his or her free and voluntar~ act and deed, for the uses and purposes therein mentioned. By .... Residing at Notary Public in and for the State of ~ ~y commission expires ~--~ ./- ~ z/ LENDER AC K N OWL E D G M E,N-T-----~...~.,.-~ ~]"~ HAL B. STOCK · ~ /~T~#YPLIBLIC.bT~TEofUT~ STATE OF ~ ~ 606 EAST STATE COUNTY OF , ~ , } . On this .,~.~J~-~ day of _.. .~_~.j..~'~, 20~./ . before me,t~e undersigned Notary Public, personally appeare~l ~j~¢,,~ ~ ,]-/. ~ ,, /~d' known to me to be the ~ f~, , authorized-agent for the Lent[er that executed the within and foregoing instrument and acknowledged said instrument to be the free an~J voluntary act and deed of the said Lender, duly authorized by the Lender through its board of directors or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this said instrument and that the seal affixed is the corporate seal of said Lender~. Notary Public in and for the State of ~c/~,:~/~'. My commission expires -.~"'~ ~ J' ,~-~ ~ .