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HomeMy WebLinkAbout943446 RECEIVED 11/6/2008 at 12:01 PM RECEIVING # 943446 BOOK: 708 PAGE: 573 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY OOO!=;"3 LOAN MODIFICATION AGREEMENT This agreement is made and entered into between First Inte111ational Bank. & Trust, the "Bank", and William J, Wiemann, a single person, the "Mortgagol'(s)" and WJW Holdings, LLLP, A North Dakota Limited Liability Limited Partnership, the "Borrower(s)". The Bank is the holder of a note # 1653 0 1, mortgage and assignment ofleases 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 Bon'ower is now indebted to the Bank in the sum of$6,OOO,OOQ,QO. $6,000,000,00 consisting of principal and $0,00 consisting of interest and as ofthis date and no unpaid installments of ground rents, hazard insurance premiums, taxes, assessments, and mortgage insurance premiums, the payment ofwmch is secured by a Note, MOligage, 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 #933472, Book 673 and Page 424 along with a Loan Modification Agreement dated September 23,2008 and recorded in the office of Lincoln County Clerk, Kemmerer, Wyoming on September 30, 2008 as Receiving # 942559, Book 705 and Page 809. The Mortgage and Assignment of Leases and Rents covers the following described real property: Lot 42 of Alpine Village Subdivision No 1, Plat 2, Amended, Lincoln County, Wyoming as described on the Official Plat thereof Recorded June 4, 1981 at Document Number 559191, and Map Number 264 in the Office of the Clerk, Lincoln County, Wyoming, The parties mutually desire and agree to modify the foHowing terms and conditions and will become effective on the date this document is executed by all partners: The note will convert from an open-end line of credit to a closed-end credit. 35 monthly principal and interest payments of$52,600,71 will be due beginning 11- 15-08, with the balance of $5,267,921.43 due at maturity, 10-15-1 I, The interest rate will be cbanged to 6.53 % fixed. \ I ~ _ \¡J. All other terms and conditions will remain tbe same. VV () ) The Mortgage shall continue as a second lien upon the pÅ“mises and neither the obligation evidencing this indebtedness nor the mortgage securing the same shaH in any way be prejudiced by this Agreement, but the obligation and Mortgage and Assignment of Lease and Rents and all covenants and agreements there and the rights of the parties thereunder shall remain in full force and effect ex ept as herein expre ly modified, he Mortgagor this & day of October, 2008, / éOiìS74 STATE OF NORTH DAKOTA ) ) ss. COUNTY OF CASS ) On this 2. 3 day of October, 2008, before me personally appeared William J. Wiemann 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, ~~'({)Q QIf) ...; Notary Puo 'c Jf My Commission Expires: flìÚlfC A. (j r-51s'D 7 o I A MAJDALANI NOTARY PUBLIC -- ARIZONA MARICOPA COUNTY My Commission Expires March 13.2009 ~ Executed by the First International Bank & Trust this ~tfIh day of October, 2008, FIRST INTERNATIONAL BANK. & TRUST By: ~ /~/( GregOfJK. G ze / _ r Vice President STATE OF NORTH DAKOTA ) ) ss, COUNTY OF CASS ) On the ~tfIt' day of October, 2008, by Gregory K. Gorze, known by me to be the Vice President of the First International Bank & Trust, personally appeared before me and acknowledged that the First International Bank & Tr t executed such agreement. .~ o alY Public -":Ãj / My Commission Expires: J ~ tJq ( I KIM BERNIER Notary Public State of North Dakota My Commission Expires Mar, 25. 'Xm