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RECEIVED 11/6/2008 at 12:01 PM
RECEIVING # 943447
BOOK: 708 PAGE: 575
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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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 LiabiIity Limited Partnership, the "BoITower(sY',
The Bank is the holder of a note # 165301, mOltgage and assignment ofIeases and rents, incol'porated
in this agreement by reference, executed on Septembel' 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 oftrus 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 along with a
Loan Modification Agreement dated September 23, 2008 and recorded in the office of Lincoln
County Clerk, Kemmerer, Wyoming on September 3D, 2008 as Receiving # 942558, Book 705 and
Page 806, The Mortgage and Assignment of Leases and Rents covers the fol1owing descIibed 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 note will convelt ITom 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, 10-15-11.
The interest rate will be changed to 6,53% fixed,
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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 MOligage 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.
TIllS A:Z~' E~J;::e Bor~~r tlùs Z S day ofOctobcr, 200&.
William, iematll1, General Partner
STATE OF NOR1HlJAK.01Af¡-2 )
. ) ss,
COUNTY OF CA88 ffiOlfì'Gop-o- )
On this 7 fçJday of October, 2008, before me personal1y appeared William 1. 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.
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NotaryPu lic . . ~)f'c
My Commission Expires: /Y\Qrc h ,() J¡)l
00&576
o C MAJDALANI
NOTARY PUBLIC·· ARIZONA
MARICOPA COUNTY
My Commission Expires
March 13. 2009
Executed by the First International Bank & Trust this øl!!! day of October, 2008.
FIRST INTERNATIONAL BANK & TRUST
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By: ,/ .,' .' !/"C.
~~rze <..
Vice President
STATE OF NORTH DAKOTA )
) 5S.
COUNTY OF CASS )
On the ~if/:!'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 & Trust eeut such ttg¡"eement.
o ary Public /2þ.¡3/ q
My Commission Expires: ~ 0
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KIM BERNIER
Notary Public
state of North Dakota
My Commission Expires Mar, 25. ?SY::R
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000577
EXHIDIT "A"
PARCEL #1
LOT 20 OF ALPINE VILLAGE SUBDIVISION NO, 1 PLAT 2, AMENDED, RECORDED JUNE
4, 1981 AT DOCUMENT NUMBER 559191, MAP NUMBER 264, IN THE OFFICE OF THE
CLERK, LINCOLN COUNTY, WYOMING,
PARCEL #2
LOT21 OF ALPINE VILLAGE SUBDIVISION NO, 1 PLAT 2, AMENDED, RECORDED JUNE
4, 1981 AT DOCUMENT NUMBER 559191, MAP NUMBER 264, IN THE OFFICE OF TIlE
CLERK, LINCOLN COUNTY, WYOMING,
PARCEL #3
LOT 27 OF ALPINE VILLAGE SUBDIVISION NO, 1 PLAT 2, AMENDED, RECORDED JUNE
4, 1981 AT DOCUMENT NUMBER 559191, MAP NUMBER 264. IN THE OFFICE OF THE
CLERK, LINCOLN COUNTY, WYOMING,
PARCEL #4
THAT PORTION OF LOT 41 IN THE ALPINE VILLAGE SUBDIVISION NO. I, PLAT 2,
AMENDED, RECORDED JUNE 4,1981 AT DOCUMENT NUMBER 559191, MAP NUMBER
264, LINCOLN COUNTY, WYOMING LYING NORTH WEST OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 41 SOUTH
36°56' 17" EAST, 302.00 FEET FROM THE NORTH CORNER OF SAID LOT; THENCE SOUTH
53°04'01" WEST, 459,22 FEET PARALLEL WITH AND 302,00 FEET SOUTHEÀ TERL YOF
THE NORTHWESTERLY LINE OF SAID LOT TO THE SOUTHWESTERLY LIN OF SAID
LOT. \~~