HomeMy WebLinkAbout929343
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~ ~ ~ K & K Property Investments. lC
co ,- c:: 6383 South 900 East. Suite 290
.5 ~;: Salt Lake Cltv. UT 84117
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6010715320
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000859
RECORDATION REQUESTED BY:
America We.t Bank
Layton Office
476 W. Heritage Park Blvd.. Suite #100
Layton. UT 84041
RECEIVED 5/14/2007 at 3:05 PM
RECEIVING # 929343
BOOK: 657 PAGE: 859
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
WHEN RECORDED MAIL TO:
America We.t
476 W. Heritage Park Blvd.. Ste. #100
Layton. UT 84041
SPACE ABOVE THIS UNE IS FOR RECORDER'S USE ONLY
MODIFICATION OF MORTGAGE
THIS MODIFICATION OF MORTGAGE dated April 1. 2007. is made and executed between K & K Property
Investments, LC, whose address Is 5383 South 900 East. Suite 290, Salt Lake City. UT 84117 (referred to below
as "Grantor") and America West Bank. whose address is 476 W. Heritage Park Blvd., Suite #100. Layton. UT
84041 (referred to below as "Lender").
MORTGAGE. lender and Grantor have entered Into a Mortgage dated March 17, 2006 (the "Mortgage") which has been recorded in Lincoln
County. State of Wyoming, as follows:
Recorded March 21. 2006 In Uncoln County as Entry 916830.
REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located In lIncoln County. State of Wyoming:
See Ex~lbit n A". which is attached to this Modification and made a part of this Modification as if fully set forth herein.
The Real Property or its address is commonly known as WY. The Real Property tax identification number Is 12-3018-08-3.00-087-00,
12-3018-08-3-00-085-00. 12-3018-08-3-00-094-00.
MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows:
Increasing Principal loan amount from $515.000.00 to $518.083.24.
CONTINUING VALIDITY. Except as expressly modified above. the terms of the original Mortgage shall remain unchenged Bnd 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 es changed above nor obligate Lender to meke any future modifications.
Nothing In this Modification shall constitute e 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 representetlon 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 APRIL 1. 2007.
GRANTOR: .
K & K PROPERTY INVESTMENTS. LC
Member of K & K Property
LENDER:
AMERICA WEST BANK
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loan No: 26005231
MODIFICATION OF MORTGAGE
(Continued)
Page 2
STATE OF
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LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
COUNTY OF
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On this 3 ~ day 01 /?1all ,20 () 7 ,before me, the undersigned Notary Public, personally
appeared Brent D. King, Member; Eli I. '. 1[...... 'MI~II of K & K Property Investments, LC. and known to me to be members or designated
agents of the limited liubility company that executed the Modification of Mortgage and acknowledged UIII. ~¡¡¡Qr¡",,¡,¡..........,.. _ _.,
voluntary act and deed of the limited liability company, by authority 01 statute, its articles of organizati~ or . 'ng agreemoNolløy ~bllc 1
uses and purposes therein mentioned, and on oath stated that they are authorized to execute this J'..'c¡dl ' factI8kGÞ'HEPMRO
Modification on behalf of t~ed liability company. I UM ....100 South I
BY~) gt ~ Reaidingat I -=:'.,
Notary Pubßc In a~ for the State of a-f~ ---- My commission expires UT..ð.tt... J
lENDER ACKNOWLEDGMENT
STATE OF
COUNTY OF
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On this day of , 20 , before me, the undersigned Notary Public, personally
appeared and known to me to be the
, authorized agent for the Lender that executed the within and foregoing instrument and
acknowledged'sãid ¡ñStrürriem-tõbïithe'1reeãiidVoTümary aot 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.
By
Residing at
Notary Public In and for the State 0(,
My commission explrøs
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Exhibit A
File 6010715320 Description
ô~Z3343
The land referred to in this document is situated in the State of Wyoming, County of Lincoln, and is
descn"bed as follows:
Parcell:
All of the West HaIfofthe Southwest Quarter of Section 8, Township 30 North Range 118
West, of the 6th P.M., Lincoln County, Wyoming lying and being situate Easterly of the EaSt
right-of-way line of U.S. Highway 89, excepting the land contained in Warranty Deed recorded
. March 20, 1998 in Book 409PR on page 242 of the records of Lincoln County Clerk.
Parcel 2:
That part of the West Half of the Southwest Quarter of Section 8, Township 30 North Range
118 West ofthe 6th P.M., Lincoln County, Wyoming, being part of that tract of record in the
Office of the Clerk of Lincoln County in Book 346PR on page 337, described as follows:
Beginning at a point North 00°21 '54" East, 414.14 feet from the Southeast corner of said West
Half of the South Quarter;
thence North 90°00'00" West, 794.41 feet to a point on the EasterJy right-of-way line ofD.S.
Highway 89, a non-tangent circular curve to the right, which has its radius point bearing,
North 67°07'34" East;
thence Northwesterly 956.11 feet, along the arc of sai~ curve, through a central angle of
09°40'46", with a radius of 5659.57 feet with a chord bearing, North 18°02'04" West,
954.98 feet to a point;
thence North 89°59'18" East, 1095.85 feet to a point;
thence South 00"21 '54" West, 908.31 feet" to the point of beginning.