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HomeMy WebLinkAbout933849 RECORDATION REQUESTED BY: Tolleson Private Bank 5550 Preston Road. Suite B Dallas. TX 75205-2661 WHEN RECORDED MAIL TO: Tolleson Private Bank 5550 Preston Road. Suite B Dallas. TX 75205-2661 SEND TAX NOTICES TO: Tolleson Private Bank 5550 Preston Road. Suite B Dallas. TX 75205-2661 RECEIVED 10/9/2007 at 12:05 PM RECEIVING # 933849 BOOK: 615 PAGE: 1 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY 000001. SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated September 8. 2007, is made and executed between Heath Properties, L.P., whose address is 5550 LBJ Freeway, Suite 650, Dallas, TX 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 September 8, 2005 (the "Mortgage") which has been recorded in Lincoln County, State of Wyoming, as follows: Recorded September 20. 2005 in Book 598. Page 350. Lincoln County Clerk. Kemmerer. WY. REAL PROPERTY DESCRIPTION. 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 that 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 Principal loan balance in the amount of $155.000.00 with quarterly interest payments beginning December 8.2007 and continuing on the 8th day of each quarter thereafter until maturity, September 8. 2008. All other terms and conditions remain the same. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the "Note"), It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing, Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions, GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED SEPTEMBER 8. 2007. GRANTOR: HEATH PROPERTIES, L.P. LENDER: :°"01: BAü~ Authorized Signer STATE OF ,-Jc~ ~~ COUNTY OF [j(j¿£t~ PARTNERSHIP ACKNOWLEDGMENT '!Io\...\~~I~II'".. ~'.:....~,... .~!(~"'''' :.... "."0::, ; ~ : = ~~. ..~$ ",,:f;Ö;\\~~~ "U'llt"\ LISA M. TRAMMELL Notary Public, State of Texas My Commission Expires , September 25,2010 ) ) SS ) On this ----16t- day of r~C\':1l>,~ f' , 20 -D!l-, before me, the undersigned Notary Public, personally appeared Richard W. Heath. President ofD'WH Investments, Inc.. General Partner of Heath Properties. L.P.. 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 aod deed of the partnership, by authority of statute or its Partnership Agreement, for the uses and purposes therein mentioned. and on oath state th t he or Stis authoriz d to execute this Modification and in fact executed the Modification f{n behalf of the~rtners~~ '-7 c:: r , , 'l ) 1 -, 7 () -bdC'r:)OD -r~eAS>+-z:n ,~J. JíL. D\ ,::> t,} By U,,, .' x....... Residing at \...--f" \7 VI C' .., ¡r¡c..J . - l-v-;;> ¡ ~ "1'-1 O~' ~ '.. Notary Public in and for the State of l' ,-----. My commission e~~ir~s", ~V¡ ,J:¿ßd.,'~IJ D,1 D Loan No: 13839 MODIFICATION OF MORTGAGE (Continued) 000002 Page 2 COUNTY OF LENDER ACKNOWLEDGMENT STATE OF I I SS I ~\\'~~·~~I',,, ~~~!,' ".'(~ ::..' I.~~ \~ ¡ ¡ ë . ."," I.~' '''~ ~':t{,f,~,1~~\~" LISA M. TRAMMELL Notary Public, State of Texas My Commission Expires September 25.2010 On this ) t:>i- day of ,Oc~iJ2l)E:.i'"' , 7..0 Dr¡ ,beforer\"e, the. urder~ned Notary Public, personally appeare~afll ~rCL~ ~~, and known to me to be the '::'ìe.ì\ ì ¿í' "iUL -p f-'" ,,~~C~ authorized agent for Tolleson Pnvate Bank tnat executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of Tolleson Private Bank, duly authorized by Tolleson Private Bank through its board of directors or otherwise, for the uses and purposes therei -mentioned, a~d on oath stated that he or she is authorized to execute this said instrument anR in fact execute.d this s~id instru~ent on behalf f T .son Pra Bank." /1 ' S5DD 'P f ej?tvl\ 'Yd. ~k. 3-.- ~ 0 By _. a ? LQ. Residing at~Q :)/ (~ 1J'6d.t)'S Notary Public in and for the State of -.--/ My commission expires . c:::. I lASER PRO lending, Ver. 5.38.10.001 Copt'. H.I«1d Flrllmcl.1 Solution., Ino. 1997, 2007. All RIght. R'Nfytld. . wyrrx 1:\BANK\CFI\Lf'L'G201.FC TR-976 PR-34