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Home My WebLink About938634 ~':) \ -- \ WHEN RECORDED, RETURN TO: RECEIVED 5/1/2008 at 10:40 AM RECEIVING # 938634 BOOK: 693 PAGE: 409 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Jim C. Stanchfield, Vice President Zions First National Bank, Commercial Banking Division 10 E. South Temple, Suite 1500 Salt Lake City, Utah 84133 '000409 Amended Mortgage with Assignment of Rents (Store # 235 KEMMERER, Wyoming Property) This Amended .¥ortgage with Assignment of Rents (the "Amended Mortgage") is made and entered into this~ day of April, 2008, by, between, and among Maverik, Inc., a Wyoming corporation, fonnerly known as Maverik Country Stores, Inc., individually and doing business as Maverik Country Store, whose address is 880 West Center Street, North Salt Lake, Utah 84054 ("Mortgagor"), in favor of Zions First National Bank, whose address is Commercial Banking Division, 10 E. South Temple, Suite 1500, Salt Lake City, Utah 84133, Attention: Jim C. Stanchfield, Vice President ("Mortgagee"). This Amended Mortgaß~s made pursuant to that certain Fourth Restated and Amended Loan Agreement dated Aprild-. ,2008 between Mortgagor and Mortgagee (the "Loan Agreement"). .~ Recitals , ' " ,.' 1. Mortgagor and Mortgagee, have entered into a loan facility, which has been amended on several occasions ("Loan"), which Loan was most recently governed by that certain Third Restated and Amended Loan Agreement, dated March 31, 2006, which, concurrently with this Amendment, is being am~~c{ and restated by that certain Fourth Restated and Amended Loan Agreement, dated April , 2008 ("Loan Agreement"). Prior to the date hereof, the Loan was evidenced by eight different promissory notes (collectively, the "Prior Promissory Notes") in the aggregate principal amount of Sixty Five Million Dollars ($65,000,000.00) ("Existing Loan Amount"). 2. The Loan, in the Existing Loan Amount, is secured by, among other things, a Mortgage with Assignment of Rents dated March 31, 2006 (the "Mortgage"), which was recorded on April 20, 2006 at Book 617, Page 361 in the real property records of Lincoln County, State of Wyoming. 3. The Mortgage affects and concerns that certain real property located in Lincoln County, State of Wyoming, more particularly described in Exhibit A hereto, which is incorporated herein by reference (the "Property"). 4. Mortgagor and Mortgagee are amending the Loan and other Loan Documents (as defined and described in the Loan Agreement), to consolidate the eight Prior Promissory Notes into three promissory notes (collectively, the "Promissory Notes"), and to increase the maximum 3818946 3.DOC 3/1212008 t,? ) ,/ ¡ ,J"/I.>ÎI" 00041.0 principal amount of the Loan from the Existing Loan Amount to Ninety Million Dollars ($90,000,000.00) ("New Loan Amount"). 5. This Amended Mortgage executed and recorded to describe the consolidation of the Prior Promissory Notes into the three Promissory Notes, and to provide and evidence that the Mortgage hereafter also secures the increased principal amount of the Loan up to the New Loan Amount. Amended Mortgage For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Mortgagor and Mortgagee hereby agree and amend the Mortgage as follows: 1. Reaffinnation of Mortgage. Mortgagor and Mortgagee agree and acknowledge that the Mortgage remains in full force and effect, encumbers the Property, and secures the obligations identified in the Mortgage. 2. Inclusion of Additional Loan in Indebtedness Secured by the Mortgage. Section 1 of the Mortgage, Obligations Secured, is hereby amended and restated in its entirety as follows, to reflect that the Mortgage shall continue to secure the Prior Promissory Notes, as the same have been replaced and consolidated into the three Promissory Notes, and shall hereafter secure the increased principal amount of the Loan to the New Loan Amount, along with the other obligations described in the Loan Agreement and other Loan Documents: "Obligations Secured. This Mortgage secures (a) Promissory Note - Non- Convertible Revolving Line of Credit dated the Effective Date executed by Mortgagor in favor of Mortgagee in the maximum principal amount of fifteen million dollars ($15,000,000.00), and all renewals, extensions, modifications and replacements thereof (including any which increase the original principal amount), with a maturity date of April J.ï, 2013, (b) Promissory Note - Convertible Revolving Line of Credit dated the Effective Date executed by Mortgagor in favor of Mortgagee in the maximum principal amount of forty- seven million five hundred thousand dollars ($47,500,000.00), and all renewals, extensions, modifications and replacements thereof (including any which increase the original principal amount), with a maturity date of up to April,;ri, 2018, and (c) Promissory Note - Amortizing Tenn Loan dated the Effective Date executed by Mortgagor in favor of Mortgagee in the principal amount of up to twenty- seven million five hundred thousand dollars ($27,500,000.00), and all renewals, extensions, modifications and replacements thereof (including any which increase the original principal amount), with a maturity date of April ~, 2015; (d) all obligations of Mortgagor arising from or relating to any Interest Rate Management Transaction for the Loan (as such tenns are defined in the Loan Agreement) or any portion thereof, (e) all obligations of Mortgagor under the Loan Documents (as defined in the Loan Agreement), including, without limitation, this Mortgage (but excluding those obligations expressly excluded pursuant to Section 7, Hazardous Materials, below), and (f) transactions in which 3818946 3.DOC 3/12/2008 2 û004:11. in which the documents evidencing the indebtedness which are executed by Mortgagor refer to this Mortgage as providing security therefor." 4. Change in Status of Mortgagee. The original Mortgage was granted for the benefit of Mortgagee, as agent for itself and US Bank National Association. The Mortgage is hereby amended to reflect that the Mortgage is for the benefit of Mortgagee acting in its own capacity, and not as an agent. 5. Mortgage Remains in Full Force and Effect. Except as expressly modified by this Amended Mortgage, the Mortgage remains in full force and effect. 6. Warranties. Covenants and Agreements. The warranties, covenants and agreements contained in the Mortgage are hereby remade and reaffinned by Mortgagor and are in full force and effect as of the date hereof and shall apply to the Property to the same extent and with the same force and effect as if made in this Amended Mortgage. [Signatures on Following Page] 3818946JDOC 3/1212008 3 -iL 0004:12 IN WITNESS WHEREOF, this Amended Mortgage has been executed the date and year first above written. MORTGAGOR: Maverik, Inc., a Wyoming corporation, individually and doing business as Maverik Country Store BY:~~ Mich I Call President By: ~lut Spencer C. Hewlett Secretary MORTGAGEE: Zions First National Bank, a national banking association By: JimC~'f ~ Vice President 3818946JDOC 3/12/2008 4 STATE OF UTAH ) )u. 000413 COUNTY OF SALT LAKE ) The foregoing instrument was acknowledged before me this ~ day of April, 2008, by Michael Call and Spencer C. Hewlett, President and Secretary, respectively, of Maverik, Inc., a Wyoming corporation, individually and doing business as Maverik Country Store. MICHELLE FARNSWORTH NOTARY PUBLIC' STATE OF UTAH :. 60 EAST SOUTH TEMPLE #2000 ; SALT LAKE CITY, UT 84111 COMM. EXP. 8/1/2009 , ~ -~~ ~IC - STATE OF UTAH ) ) ss. COUNTY OF SALT LAKE ) The foregoing instrument was acknowledged before me thi;¡ ~ day of April, 2008, by Jim C. Stanchfield, Vice President of Zions First National Bank, a national banking association, not in its individual capacity but solely as trustee. MICHELLE FARNSWORTH NOTIIFW PUBLIC' STATE OF UTAH ~ 60 EAST SOUTH TEMPLE #2000 ~ SALT LAKE CITY, UT 84111 COMM. EXP. 8/1/2009 ~A/~j~~ TARYPUBLIC 3818946_3.DOC 3/12/2008 5 EXHIBIT A Mortgage with Assignment of Rents (Store # 235, Kemmerer, Wyoming Property) Description of Real Property located in Lincoln County, State Tax Parcel Identification No.: 21162421207000 000414 of Wyoming Legal Description: The Lots numbered Seven (7), Eight (8) and Nine (9) of the Block numbered Fifty-Seven (57) in the Second Addition to the Town of Kemmerer, Lincoln County, Wyoming, as surveyed, platted and recorded.