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HomeMy WebLinkAbout935654 " '. RECEIVED 12/17/2007 at 4:40 PM RECEIVING # 935654 BOOK: 681 PAGE: JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000445 State of Wyoming Space Above This Line For Recording Data MODIFICATION OF MORTGAGE DATE AND PARTIES. The date of this Real Estate Modification (Modification) is 12-03-2007 . The parties and their addresses are: '7 C MORTGAGOR: BST HOSPITALITY, LLC 2018 BASIN DR KEMMERER. WY 83101 ~/ LENDER: PINNACLE BANK Organized and existing under the laws of the state of Wyoming 204 WEST MAIN STREET POBOX 460 NEWCASTLE, WY 82701-0460 BACKGROUND. Mortgagor and lender entered into a Security Instrument dated 09-15-2006 and recorded on 09-25-2006 . The Security Instrument was recorded in the records of LINCOLN County, Wyoming at RECEIVING # 922771. BOOK 634. PAGE 819 . The property is located in LINCOLN County at TO BE DETERMINED TRACT 44 AND TRACT 45. SEC 26. KEMMERER. WY 83101 Described as: REFER TO EXHIBIT "A" WHICH IS ATTACHED HERETO AND MADE A PART HEREOF REAL ESTATE MODIFICATION-WYOMING INOT FOR FNMA. FHLMC. FHA OR VA USEI /5<f5iii'è.@ ©2001 Bonkors Systems, Inc., St. Cloud, MN Form MMOD-WY 1/16/2004 (page 1 of 3) 000446 MODIFICATION. For value received, Mortgagor and Lender agree to modify the original Security Instrument. Mortgagor and Lender agree that this Modification continues the effectiveness of the original Security Instrument. The Security Instrument was given to secure the original debts and obligations (whether identified as Secured Debts, Sums Secured, or otherwise) that now have been modified. Together with this Modification, the Security Instrument now secures the following debts and all extensions, renewals, refinancings, modifications and replacements. (/nc/ude items such as borrower's name, note or contract amounts, interest rates (whether variable), maturity dates, etc.) THIS MORTGAGE IS HEREBY MODIFIED AND SECURES PROMISSORY NOTE #500010081, IN THE ORIGINAL AMOUNT OF $110,386.25, BY AND BETWEEN BST HOSPITALITY, LLC AS BORROWER/GRANTOR AND PINNACLE BANK AS LENDER, DATED 12·03·2007, MATURING 06.Q3·fO~.8." ,""," . . ~ ':.',... ¡.. ~~,,~. ". !XI MAXIMUM OBLIGATION LIMIT. The total principal amount secured by the Security Instrument at anyone time will not exceed $ 110.386.25 IX! which is a $ 29.290.75 IX! increase 0 decrease in the total principal amount secured. This limitation of amount does not include interest and other fees and charges validly made pursuant to the Security Instrument. Also, this limitation does not apply to advances made under the terms of the Security Instrument to protect Lender's security and to perform any of the covenants contained in the Security Instrument. CONTINUATION OF TERMS. Except as specifically amended in this Modification, all terms of the Security Instrument remain in effect. SIGNATURES: By signing below, Mortgagor agrees to the terms and covenants contained in this Modification. Mortgagor also acknowledges receipt of a copy of the Modification. MORTGAGOR: BST HOSPITALITY, LLC ~~ IZI.ljt:J7 (Signature) B RRY PETERSON, MEMBER .I (Date) (Signature) (Date) (Signature) (Date) (Signature) (Date) (Signature) (Date) (Signature) (Date) LENDER: ~ ©2oo1 Bankers Systems, Inc.. St. Cloud, MN Form MMOO·WY 1/16/2004 (page 2 of 3) ACKNOWLEDGMENT: STATE OF; Undividual) This' ' ment by My commissio (Seal) 000447 } ss. dPOO"? expires: ~¿-¿ÇhðF CATHERINE A. PHiLP NOTARY PUBLIC COUNTY OF STATE OF CAMPBELL WYOMING MY COMMISSION EXPIRES AUGUST 6, 2008 ACKNOWLEDGMENT!-211 J ~ STATE OF / ~~ . COUNTY OF rp ~~ } ss. (landarl This instrument w s ac dged before me this :5 day bf ',47Jt,.rL ~J..J 7 by FARON FERGUSON as of (Titles) (Name of Business or Entity). My commission expires: (Seal) 7; 2~::JDb'6; CATHERINE A. P.....L~ NOTARY PUBLIC COUNTY OF STATE OF CAMPBELL . WYOMING MY COMMISSION EXPIRES AUGUST 6. 2008 ~@ ©2001 BankarsSystams, Inc., St. Cloud, MN Form MMOD-WY 1/16/2004 (pege 3 of 3) EXHBIT A 000448 A purcel of land located in Tract 44 and Tract 45, Section 26 of th~ resur'.'ey of T.21~., R.] 16W., of the Sixth P.M., City of Kemmerer, Lincoln County, Wyommg. SaId parcel bemg bounded on the north and the west by the southerly right of way of U.S. Highway 189, and being bounded on the south by the northerly right of way of U.S. Highway 30 and being bounded on the east by the east boundary :of said Tract 44 and other parcels of land. This parcel being more particularly described as follows: I Commencing at corner number 3 of Tract 44 of the resurvey of T.21N., R.ll6W., of the 6th P.I'v1., City of Kemmerer, Lincoln County, Wyoming, where is found a brass cap; Thence SooOO'OO"W, along the east boundary of said Tract 44 494.38 feet to the Point of Beginning of this description, where is found a standard highway right of way marker, on the south boundary of U.S. Highway 189. Corner number 4 of said Tract 44 hears SOOOO'OO/lE, 2136.57 feet. Thence 877°30'34"E along the southerly right of way of U.S. Highway 189, 1295.92 feet to a point on a particular parcel of land conveyed to the Town of Diämol1dville, described and recorded in book 397 on page 358 on file at the Lincoln County Courthouse, where is found a 2 inch aluminum cap. Thence along lhe westerly boundary of said Town of DiarnondvHle Parcel the following three (3) courses. Thence S35°1l'58/1W, 473.82 feet (S35°24'14"W, 473.49' record) to a point where is found a I 1/2 incb aluminum cap; Thence 851°39'31"E, 239.89 feet (851028'06"E, 240.10' recorded) to a point where is found a I 1/2 inch aluminum cap; Thence N89024'22/1E, 130.09 Jeet (N89°35'28"E, 130.] 6' record) to a point where is found a 1 1/2 inch aluminum cap, Said point being a point on the southerly boundary of said Town of Diamondville parc.el and the cast boundary of said Tract 45. Thence 80027'54"E along the east boundary of said Tract 45, 367.93 feel to a point where is found a 1 1/2 inch aluminum cap. Said point being a point on the nortlll~rly right of way of U.S. Highway 30 and a point on a circular curve to the left, the radius point of said curve to the left bears SlO039'34/1W, 2391.83 feet. Continuing along the northerly boundary of U.S. Higlnvay 30 the following nine (9) courses. Thence 143.18 feet along the arc of said circular curve to the left, through a central angle of 3°25'47" to a point where is tènmd ~t standard highway right of way marker; Thence N7°lO'51 "E, 99.95 feet (N7Ú55'Il/lE 100.00' record) to a point where is found a stalldareJ highway right of way marker. Said point being a point on a circular curve to the left, the radiu'g point for said curve to the left bears S70l5'20IlW, 2491.83 teet. Thence 32.96 teet along the arc of said curve to the left, through a central angle of O'~'45'2911, to the point of tangeney of said curve ~Ihere is fOllnd a standard highway right of way marker; Thence N83°33'23/1W, 69.75 feet (N82°50'25"W, 69.61' record) to a point where is found a standard highway right of way marker; Thence N83°3 1 '501lW, 1499.62 feet (N82°S0'25I1W, 1S00.00' record) to a point where is found a standard right of way marker; Thence N61°55'13/1W, 709.45 feet (N61°J3'21IlW, 709.33' record) to a point where is IDund a standard highway right of way marker; Thence N6°43'07"W, 128.85 feet (N5°57'55I1W, 128.99' record) to a point where is found a standard highway right of way marker; Thence N34° 14'39I1E,62.l9 feet (N34°50'24"E, 62.00' recòrd) to a point where is found a standard highway right of way marker; Thence N55°57'4211\V, 40.06 teet (N55°09'42"W, 40.00' record) to a point \vhereis found a standard highway marker. Said point being a common point on the northerly right of way boundary üfU.S. Highway 30 and the southerly right of way boundarypfU.S. Highway 189. 'fhence continuing along the southerly right of way boundary ofU.8. HÌghway 189 the following three (3) courses. Thence N34Co09'OO"E, 90.95 teet (N34°50'24"E,90.95' record) to the point of curvature of a curve to the right, the radius Jì))" said curve to the right being 758.51 feet. Thence northeasterly 904.74 teet along the arc of said curve to the right, through a central angle of 68°20'30", to a point where is found a standard highway right of way marker. The long chord for said curve being N68°] 8'56"E, 852.05 fèet; Thence Sn031'33 "E, 208.98 feet (876°49'06/1£ record) to the point of beginning of this description.