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HomeMy WebLinkAbout934770 RECORDATION REQUESTED BY: BANK OF IDAHO Capital Branch 399 N. Capital P.O. Box 1487 Idaho Falls, ID 83403 ",~- - Ù!!\d l1tle ___C9mpðnY SINCE 1904 WHEN RECORDED MAil TO: BANK QF IDAHO Capital Branch 399 N, Capital P.Q. Box 1487 Idaho Falls. ID 83403 RECEIVED 11/13/2007 at 11 :03 AM RECEIVING # 934770 BOOK: 678 PAGE: 409 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000409 SEND TAX NOTICES TO: MATTHEW R. MALONEY BRADLEY J. KELLOGG 310 SUNNY HEIGHTS IDAHO FALLS. ID 83404 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated October 29. 2007. is made and executed between MATTHEW R. MALONEY. A MARRIED MAN and BRADLEY J. KEllOGG. A MARRIED MAN (referred to below as "Grantor") and BANK OF IDAHO. whose address is 399 N. Capital. P.O. Box 1487. Idaho Falls, ID 83403 (referred to below as "lender") . MORTGAGE. Lender and Grantor have entered into a Mortgage dated March 28, 2007 (the "Mortgage") which has been recorded in LINCOLN County, State of Wyoming, as follows: RECQRDED 4/9/07 AS NUMBER 928220, BOOK 653, PAGE 752. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in LINCOLN County, State of Wyoming: See EXHIBIT' 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 ETNA, WY 83118. MODIFICATION. LemJer and Grantor hereby modify the Mortgage as follows: MATURITY DATE OF SAID MORTGAGE IS CHANGED TO 11/01108. AMOUNT OF SAID MORTGAGE IS DECREASED TO $630,075.41. 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, binning, 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 accommodé1tion 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 perSQn 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 OCTOBER 29, 2007. GRANTOR' ~ . . ./".. .., .... ,'" . -. . ,". ' .. .. .- .... ." ".. " . ..... . . ..'.' '." ,'" ... .... , .. . . . .' . . .. ..,. . . - . . . ., .. .,.. .' . . . . . ., .. . . . . . . .' . .. ... .. , , , . . .. .,,,. ,. "'. ...... .'" "'... ."""" .. .... .., ... ,., ... ... .... .., ..,... ..." , ~:~i' ····~r~··..·..··..·············.. ........- ...,....-. ....-:.:.... .,,'.," ,'. .... ,.',' ...... '. _....... _.c. .._......... . .:-..... x> ..>./ .····.···..·.·...?·.·i... ··i." ... .....> BRADLEY J. KELLOGG BANK OF IDAHO x~¡¿;v INDIVIDUAL ACKNOWLEDGMENT STATE OF ~vD ~ ) SS ) COUNTY OF On this day before me, the uridersigned Notary Public, personally appeared MATTHEW R. MALONEY and BRADLEY J. KELLOGG. to me k.nown to be the individuals described in and who executed the Modification of Mortgage, and acknowledged that they signed' the Modification as their free and voluntary act and deed, for the uses and pur')£''' therein mentioned. Glvon und" my hond ond 'ff1"~:_~ 3 / ~ do, ,f æ ~"v . . 20 J2L. ~ By C}J âA,U/,¡v e ~ .,\\\\1111111111//1.. Residing at ~Á.c.M~ a~ ' .. f) ,I :S>\\~.. €,. GA 4//111,0: Notary Public in and for the State of ~ul..t#: ~""""""~V~~~Y commission expires '1- .). q -01 ~ ~" ". '$) ~ § .Q.:' 01' Af.'i J...... ~ ~ /~ \ ~ ..... : § ~ \. ÞUB\,..\v,/ ~ ~ .... ..- o~ ;::::, .n " .'.~ ~ -:~/~:-17ioF'\\)~ III(/fll/III II 11\\\\\\\ , ", ...i. Loan No: 15563819 MODIFICATION OF MORTGAGE (Continued) 000410 Page 2 LENDER ACKNOWLEDGMENT STATE OF jk¿~ ~ ) ) 55 ) COUNTY OF On this appeared 3,4;5:: ,20 p? ,before me, he undersi ned Notary Public, personally and known to me to be the '-- .""" , authorized agent for the lender that ex uted the wit nd foregoing instrument and acknowledged said instrument to be the free and 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 affixe~d is the corporate seal,Ø~If~(, '0.'\\ Go"1l1i// ~ - ~ /;) " - 1 §.>\ E,. "0 ,..~ J 1_ . By (-7 ßh b.Jo y___ U/V#.~............. t:'~~lIesiding at. lU,l.f~ . ~ i _"r~.., ....~ ~ .-? d- c, -0 1 Notary Public in and for the State of '1- ;2r ~·~O ,. AIi j..'\ ~ commission expires t - 1 ~: .... : ~ ::::'. ;0.:- ~ ... Þu I \v'" § ~. ....:"Iooõ LASER PRO lending, V.. 5.34.00.003 CO~. ~"'CI,I.~~I~t~O::.."",,- I~ ~ AIt AIghll ".....v.d. . WY/ID H:\H.rlend\CFI\LPl\0201.FC TA·14OS PA·IO ~III. ~ 1"/: Of \Q ~\\~ '///1/1/11//1111 1\\\\'\\' " ,,' , j .' ..... ..,.' , ., ~",...... ...... .~·'...ï¿; ", -- '. . "-.. ,..-. , iriÙ~7Jj¡í~ ,i _ _'" '.Jltl'~~ """'~"'"'T. ¡ -.. -.-..;........... -.... -~... ..-.-._._~~ .I!IAJ1ID.1.1 --,I\." '0004:1:1 PARCEL 1: Lots 1 - 6, 8, 9, of the Stewart Creek Subdivision, Lincoln County, Wyoming, according to that plat of the subdivision recorded October 8, 1981 in the Office of the County Clerk, Lincoln County, Wyoming, as Plat No. 275. PARCEL 2: A parcel of land being a portion of that tract of land of record in Book 147 P .R, on Page 66, in the Office of the Lincoln County Clerk and being located in the NE ~ SW ~, Section 24, Township 36 North, Range 119 West, 6th P.M., Lincoln County, Wyoming. Said parcel being mare particularly described as follows: Beginning at the CW 1/16 Comer of said Section 24, where is found a BLM type brass cap set and appropriately inscribed by Nelson Engineering, Wyoming PE & LS 578; thence North 88°58'39" East 1313.27 feet, along the North boundary of said NE ~ SW ~, to the C ~ Comer of said Section 24, where is found a BLM type brass cap set and appropriately inscribed by Nelson Engineering, Wyoming PE & LS 578; thence South 00°15'07" West 670.33 feet, along the East boundary of said NE ~ SW ~, to a point being the Northeast comer of Lot 9 of Stewart Creek Subdivision, recorded in said Office October 8, 1981, Recording No. 566626, Plat No. 275; thence along the Northerly and Easterly boundary of said Subdivision through the following courses and distances: South 90°00'00" West 639.43 feet, to a point; thence North 59°00'00" West 174.29 feet, to a point; thence North 18°00'00" East 535.59 feet, to a point; thence South 88°58'39" West 687.16 feet, to a point, being the Northwest comer of said Subdivision; the aforementioned points being monumented by 5/8" diameter by 16" long steel reinforcing bar with aluminum Surv-Kap inscribed ''NELSON ENGR PE & LS 578"; thence departing said boundary North OOO} 5'06" East 60.01 feet, to the Point of Beginning. PARCEL 3: EASEMENT for ingress and egress as described in documents recorded in Book 147 P.R., on Page 79; Book 147 P.R., on Page 81; Book 181 P.R., on Page 773 and Book 185 P.R., on Page 248 ..