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HomeMy WebLinkAbout942833 RECORDATION REQUESTED BY: Tolleson Private Bank 5550 Preston Road. Suite B Dallas, TX 75205-2661 RECEIVED 10/14/2008 at 12:18 PM RECEIVING # 942833 BOOK: 706 PAGE: 848 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY û00848 WHEN RECORDED MAIL TO: Tolleson Private Bank 5550 Preston Road. Suite B Dallas. TX 75205-2661 SEND TAX NOTICES TO: Heath Properties, L.P. 6459 Orchid Lane Dallas. TX 75230 SPACE ABOVE THIS liNE IS FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated September 1, 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 September 27, 2005 (the "Mortgage") which has been recorded in Lincoln County, State of Wyoming, as follows: Recorded October 3,2005 in Book 600 Page 100, lincoln County Clerk, Kemmerer, WY. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Lincoln County, State of Wyoming: Lot 16 of Shadow Dancer Estates, Lincoln County, Wyoming as described on the Official Plat thereof The Real Property or its address is commonly known as 1291 Trail Ridge Road, Alpine, WY 83128. MODIFiCATION. lender and Grantor hereby modify the Mortgage as follows: Renew principal loan balance in the amount of $1,080,000.00 with quarterly interest payments beginning December 1,2008 and continuing on the 1st day of each quarter thereafter until maturity. September 1. 2009. All other terms and conditions remain the same. 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 1.2008. GRANTOR: HEATH PROPERTIES, L.P. Properties, L.P. lENDER: TOLLESON PRIVATE BANK x /Jt -<-- t/~ Authorized Signer ~~~ ()-: ..:~ '~~~,~r Loan No: 13854 MODIFICA TIC",. vr MORTGAGE (Continued) OOúz.;4~ Page 2 PARTNERSHIP ACKNOWLEDGMENT State of ~~ County of .1Ja1~ This instrument was acknowledged before me on."1{pt;1..1 :1.tJtJ..L (date) by Richard W. Heath, President of DWH Investments, Inc.. General Partner of Heath Properties, L.P.. IN_,;Q~ ~ 4~~~~~ \~*..~ '''~m.!Ø· LAURA BERG MY COMMISSION EXPIRES October 17, 2009 My commission expires: .. .......~~~ '.' LENDER ACKNOWLEDGMENT State of ~~ County of f) 1t}1 fÞ' This instrument was acknowledged before me on ~ (date) by '7n1i1k r5. tuaÍJv IN_"S~~ ~ a~~~~.. \"Å*'~ ~~...~' ~.f!....'" 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-1205 PR-34 All Rights Reserved. .. WY ITX ...;. , "