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HomeMy WebLinkAbout937238 RECORDATION REQUESTED BY: 1 st Bank A hon 314 South Washington St. P.O. Box 1620 Ahon, WY 83110 WHEN RECORDED MAIL TO: 1 st Bank Ahon 314 South Washington St. P.O. Box 1620 Ahon, WY 83110 SEND TAX NOTICES TO: 1 st Bank Ahon 314 South Washington St. P.O. Box 1620 Ahon, WY 83110 ÛOO1.56 RECEIVED 2128/2008 at 1 :24 PM RECEIVING # 937238 BOOK: 688 PAGE: 156 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY ~~ ! c:{ MODIFICATION OF MORTGAGE 3( THIS MODIFICATION OF MORTGAGE dated February 27, 2008, is made and executed between CRAIG R BIRD and ROXY BIRD, husband and wife (referred to below as "Grantor") and 1st Bank, whose address is 314 South Washington St., P.O. Box 1620, Afton, WY 83110 (referred to below as "Lender"). MORTGAGE. Lender and Grantor have entered into a Mortgage dated August 27, 2007 (the "Mortgage") which has been recorded in LINCOLN County, State of Wyoming, as follows: Lincoln County Clerk, 09-05-2007, Book 671, Page 242. 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 1 253 STRAWBERRY ROAD, THAYNE, WY 83127. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: Increasing loan amount from $162,329.50 to $218,316.80. 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 thfs 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 FEBRUARY 27, 2008. GRANTOR: XCR~ LENDER: (é: ~j /?/ X -Jrðrf f~ ROXY 'BIRD ! Øud Loan No: 64003529 MODIFICATION uf MORTGAGE (Continued) ÛOû1.5~age 2 INDIVIDUAL ACKNOWLEDGMENT STATE OF WYOMING COUNTY OF LINCOLN ) ) SS ) ROXIE JENKINS COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING On this day before me, the undersigned Notary Public, personally appeared CRAIG R BIRD and ROXY BIRD, to me known 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 purposes therein mentioned. ~i.v8n~~d~my hand and 0 'icial seal this 27TH ~y ../ , - "', ~ Notary Public in and for the State of WYOMING day of FEBRUARY . 20 08 Residing at ¿~l()éF¡- ø'l My commission expires "'I A-¡ !:)-¿> / é) f r . LENDER ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) COUNTY OF LINCOLN On this 27TH day of FEBRUARY , 2008 , before me, the undersigned Notary Public, personally appeared ROXIE JENKINS and known to me to be the Loan Officer, authorized agent for 1st Bank that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of 1st Bank. duly authorized by 1st 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 ins ,ment ~nd i'}7~ct executed this said instrument on behalf of 1st Bank. By J/A. Kl- ~ Residing at 11+4, '\.... to V '(. I;; . "J() / I Notary Public in and for the State of WYOMING My commission expires PRQ..iMtnfling, Harland Financial Solutions, Inc. 1997, 2008. RPRO\FNB\CFI\LPL \G 20 1. FC TR-5431 PR-1 3 All Rights Reserved, - wy Sheila Robertson EXHIBIT 'A' ooolSl ft Description: Bird Financial Surety A portion of the Bird property, as referred to in the Deed recorded in Book 431PR, on Page 247, and a portion of the Bird property, as referred to in the Deed recorded with Receiving Number '908650, in Book 5å6,' on Page 43, with the Office if the Clerk of Lincoln County, Wyoming, within the Wl/2NW1/4 of Section 31, T34N, R11SW, of the 6th P.M., Lincoln County, Wyoming, the boundary being more particularly described as follows: i I I I I II II BEGINNING at the Southwest corner of said Bird property, as referred to in the Peed recorded with Receiving NUmber 908650" in Book 586, on Page 43, with said Office, said point of Beginning being 602.69 feet N0054J07i'E, along the West,line of the EJ./2NW1/4 and 2~4.57' feet Na~o12136"W from the Lloyd B. Baker PE/LS 698 1~a9 location for the Southw~st Corner of said E1/2NW1/4; thence N89°12'36"W 400.00 feet; thence Noo58'06"E 217.80 feet; thence S89°12136"E 400.00 feet to a point in the West line of last said Bird property; thence Soo58I06"W, along s,aid West line, 217.80 feet,' to the Point of Beginning, Encompassing 2.00± Acres of land. GRANTING and RESERVING: A 60.00 feet wide Non-Exclusive Right-of-Way Easement, for Ingress, Egress, and Utilities, the Center Line being more p~rticularly described as follows: i, i, I I I I I I I I I I I I I I BEGINNING at a Point in the East line of the above descriþed property, said Point of Beginning being 43.3~ feet Noo58'06I1E, along said East line from the Southeast corner thereof; thence S34"46150nE 40.41 feet; thence S3°:)2'38"E 30~.63 feet more or less to a Point 'in the Center Line of Strawberry Creek County Road 12-l26. TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions, Restrictions, Reservations, Rights-of-Way, Improvements and Conditions of sight and or record. c¡;; "-:::::m;JI!:.I ¡ Ie::-' ........ _.. ~.. , .. ". .. .