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RECORDATION REQUESTED BY:
Tolleson Private Bank
5550 Preston Road. Suite B
Dallas. TX 75205-2661
RECEIVED 10/14/2008 at 12:18 PM
RECEIVING # 942832
BOOK: 706 PAGE: 846
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
WHEN RECORDED MAIL TO:
Tolleson Private Bank
5550 Preston Road. Suite B
Dallas, TX 75205-2661
SEND TAX NOTICES TO:
Heath P~op~'1ies. L.P.
64MI'IOtcIJidd..;ll'né
Dallas. tx 75230
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SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MODIFICATION OF MORTGAGE
THIS MODIFICATION OF MORTGAGE dated September 19, 2008, is made and executed between Heath
Properties, L.P., whose address is 6459 Orchid Lane, Dallas, TX 75230 (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 October 7, 2004 (the "Mortgage") which has been recorded in Lincoln
County, State of Wyoming, as follows:
Recorded October 11. 2004 Lincoln County Clerk, Book 569PR. page 645.
REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Lincoln County, State of Wyoming:
Lot 19 of Shadow Dancer Estates Subdivison, Lincoln County, Wyoming as described on the Official Plat thereof
The Real Property or its address is commonly known as Lot 19 of Shadow Dancer Estates, Alpine, WY 83128.
MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows:
Mortgage originally between Heath Builders, L.P. now known as Heath Propertias. L.P. and Tolleson Private Bank being renewed and
extended to mature September 19. 2009. Borrower's payment schedule consists of 3 quarterly consecutive interest payments. beginning
December 19, 2008, with interest calculated on, the unpaid principal balance at an interest rate based on the Tolleson Private Bank Base
Rate (currently 5.00%), minus a margin of 0.500%, resulting in an initial rate of 4.50%; and one payment on September 19. 2009. This
estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the index does not
change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under
the Note.
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 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 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 SEPTEMBER 19, 2008.
GRANTOR:
HEATH PROPERTIES, L.P.
LENDER:
TOLLESON PRIVATE BANK
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Authorized Signer
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Loan No: 12286
MODIFICATION Ut' iVIORTGAGE
(Continued)
Page 2
PARTNERSHIP ACKNOWLEDGMENT
State of
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County of
This instrument was acknowledged before me on ~ of 1.. f .2ø£ate) by Richard W. Heath, President of DWH Investments, Inc.,
General Partner of Heath Properties. L.P.. I I
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LAURA BERG
MY COMMISSION EXPIRES
October 17, 2009
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My commission expires:
LENDER ACKNOWLEDGMENT
State of
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County of
This instrument was acknowledged before me on ÓJf f ~ ;Jð(f¿ (date) by
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LAURA BERG
MY COMMISSION EXPIRES
October 17, 2009
My commission expires:
LASER PRO Lending, Ver. 5.41.20.001 Copr. Harland Financial Solutions, Inc. 1997, 2008.
1:\BANK\CFI\LPL\G201.FC TR-1206 PR-34
All Rights Reserved.
- WY /TX
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