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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
RECEIVED 11/13/2007 at 2:49 PM
RECEIVING # 934803
BOOK: 678 PAGE: 445
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000445
SEND TAX NOTICES TO:
Tolleson Private Bank
5550 Preston Road, Suite B
Dallas, TX 75205-2661
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MODIFICATION OF MORTGAGE
THIS MODIFICATION OF MORTGAGE dated September 1, 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 27, 2005 (the "Mortgage") which has been recorded in Lincoln
County" State of Wyoming, as follows:
Recorded October 3, 2005 in Book 600 Page 100, Lincoln County Clerk, Kemmerer, WY.
REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Lincoln County, State of Wyoming:
Lot 16 of Shadow Dancer Estates, Lincoln County, Wyoming as described on the Official Plat thereof.
The Real Property or its address is commonly known as Lot 16 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 $1,080,000.00 with quarterly interest payments beginning December 1, 2007 and
continuing on the 1st day of each quarter thereafter until maturity. September 1, 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 Lt!nder'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, ~xtension 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 1.2007.
GRANTOR:
HEATH PROPERTIES, L.P.
LENDER:
TOLLESON PRIVATE BANK
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Authorized Signer
STATE OF ~4a ~
COUNTY OF DaJLQ.,(2( /~
PARTNERSHIP ACKNOWLEDGMEI\I ..
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LISA M. TRAMMELL
Notary Public, State of Texas
My CommJeslon Expires
Sept.ember 25.2010
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On this --.l iji- day of' , 20 nl7 ,before me, the undersigned Notary Public, personally
appeared Richard W. Heath, President of D Investments, Inc., General Partner~h 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 a d deed of the partnership, by authority of statute or its Partnership Agreement, for the uses and purposes therein mentioned, and on oath
state tha ~ e or sh is authorize to execute this Modification and in fact executed the Modification on behalf of the partnership. ..
By R··;~:li~~~t\C·t'5() (i5 J I
My còmmlssion e~ Ires .. . ... JCß-. .. ~ .,... ~:'\~ ¡. 0 0
Loan No: 13854
MODIFICATION OF MORTGAGE
(Continued)
000446
Page 2
LENDER ACKNOWLEDGMENT
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LISA M. TRAMMELL
Notary Public, State of Texas
My Commission Expires
September 25, 2010
On this rcJYJr. ~\- _ . day of 00::\-0 \()e.f' , 20 ~,befor me, the undersigned Notary Public, personally
appeared Q í'" 1<" Well h',- and known to me to be the -.', , .. '. -, authorized agent for
Tolleson Private Bank that executed the within and foregoing instrument and ac nowledged 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
therein mentioned, and on oath stated that he or she is authorized to execute this said instrument and in fact executed this said instrum!!nt on
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lASER PRO Llndlng, v.. &.38.10.001 Copt. Harland Flnenolltl Solution', Ino. 1997,2007. All Right. A.........d. . WYfTX 1:\BANK\CFI\LPL\G201.FC Tn-917 1'''-34