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HomeMy WebLinkAbout942558 RECEIVED 9/30/2008 at 11 :24 AM RECEIVING # 942558 BOOK: 705 PAGE: 806 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (;:Oû806 LOAN MODIFICATION AGREEMENT This agreement is made and entered into between !First International Bank & Trust, the "Bank", , and WJW Holdings, LLLP, A North Dakota: Limited Liability Limited Partnership, the "Borrower(s)" . The Bank is the holder of a note #165301, mortgage and assignment of leases and rents, incorporated in this agreement by reference, executed on September 12, 2007, as evidence of and security for a loan made to the Borrower by the First International Bank & Trust on September 12, 2007. The Borrower is now indebted to the Bank in the sum of $6,000,000.00. $6,000,000.00 consisting of principal and $0.00 consisting of interest and as of this date and no unpaid installments of ground rents, hazard insurance premiums, taxes, assessments, and mortgage insurance premiums, the payment of which is secured by a Note, Mortgage, and Assignment of Leases and Rents owned and held by the Bank dated September 12, 2007 and recorded in the office of Lincoln County Clerk, Kemmerer, Wyoming on September 26, 2007 as Receiving #933473, Book 673 and Page 432 and An Assignment of Leases and Rents with a Receiving #933474, Book 673 and Page 441. The Mortgage and Assignment of Leases and Rents covers the following described real property: See attached Exhibit "A" The parties mutually desire and agree to modify the following terms and conditions and will become effective on the date this document is executed by all partners: The maturity dàte will be extended from September 15, 2008 to October 15, 2008. All other terms and conditions will remain the same. The Mortgage shall continue as a first lien upon the premises and neither the obligation evidencing this indebtedness nor the mortgage securing the same shall in any way be prejudiced by this Agreement, but the obligation and Mortgage and Assignment of Lease and Rents and all covenants and agreements thereof and the rights of the parties thereunder shall remain in full force and effect except as herein expressly modified. ûOû807 THIS AGREEMENT, Executed by the rrower this ~ day of September, 2008. r STATE OF NORTH DAKOTA ) ) ss. COUNTY OF CASS ) On this <:93 day of September, 2008, before me personally appeared James R. Bullis known to me to be the person(s) who are described in and who executed the within instrument and acknowledged to me that they executed the same. J<~~~ Notary Public My Commission Expires: (P~){{ [) KIM HENDRICKSON Notary PUY State of Nortn Cukota My Commission Expires July 28.2010 Executed by the First International Bank & Trust this ~ day of September, 2008. President STATE OF NORTH DAKOTA ) ) ss. COUNTY OF CASS ) On the ~ day of September, 2008, by Dennis L. Schock, known by me to be the ~K- president of the First International Bank & Trust, personally appeared before me and acknowledged that the First International Bank & Trust executed such agreement. ~~rvttJr}~ Notary Public My Commission Expires: ¡þf¿{ I D KIM HENDRICKSON Notary Public State of North L' :(ota My Commission Expires JUly 28,2010 - -. .. - - - . ORDERNUMBEa: NrL-lS82 000808 000448 EXHIBIT 'tA" PARCEL #1 LOT 20 OF ALPINB VILLAcm SUBDIVISION NO. ) PLAT 2., AMBNDEt\ JW.COKDED JUNB 4.1981 AT JX')C(JMBNT NUMBBR 559191, MAP MJMBBR 264)1N THR OPFICB 01" THB CI.J!RK, LINCOLN COUNTY, WYOMING. P ARCBL (tJ. LOT 21 OF AL1»n-m VILLAGBSUBDIVISJONNO. t PLAT 2, AMBNDBD. RBCORDBD Jl1NB 4, 1981 ATOOCUMENT NUMBER 559191. MAP NUMBER 264,1N nœ omCS OP THB CLBRK, LINCOLN COUNTY. WYOMING. PARCSL#J LOT 27 OF ALP'lNB vn.LAGE SUBDMSION NO. 1 PLAT 2, Al'vŒNDEI>, RBOORDED J'UNB 4, J981 AT OOCOMBNT NUMBBR. "91$11, MAP'NUMBBR 264, IN THB OFFICE OF 11iB CLERK, LINCOLN COUNTY, WYOMING. PARCEL t#4 TRA T PORTION OF' LOT 41 IN 'llŒ ALPINB VILLAOB SUBDIVISION NO. I, PLAT 2. AMENDED, RBCORDBD 10NB 4, 1981 ATDOCUMBNTNUM8E1US9191. MAPNUMBB1U64.LINCOLN COUNTY, WYOMINOLYINONOR'IH WP.8TOF nœ POUOWlNO DESCRIBBD IJNB: BEOINNING AT A POINT ONTEB NOR'mBASTBRL Y LlNB OF SAID LOT 41 SOUTH 3~S6'J7" BAST. 302.00 PEaT FROM mE NORTH COlOO!R OF' SAID LOT; TIlBNCB SOUTH 53"04'01" WBST, 459.22 FBBT pARALLEL WlTIl AND 302.00 FBBT SOunmASTBRL Y OF TIm NOllTHWESTERL Y LINB OF SAID LOT TO THE s01.JTHWESTERL Y LINB OF SAID LOT. ~ ALTA Commltmcnt(6IJ7JOó)