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HomeMy WebLinkAbout947637RECORDATION REQUESTED BY: 1st Bank Alpine 79 Highway 89 P.O. Box 3110 Alpine, WY 83128 WHEN RECORDED MAIL TO: 1st Bank Alpine 79 Highway 89 P.O. Box 3110 Alpine, WY 83128 RECEIVED 6/9/2009 at 11:16 AM RECEIVING # 947637 BOOK: 724 PAGE: 711 SEND TAX NOTICES TO: JEANNE WAGNER list Bank LINCOLN COUNTY CLERK, KEMMERER, WY Alpine 79 Highway 89 P.O. Box 3110 Alpine, WY 83128 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated May 22, 2008, is made and executed between STEWART CREEK SUBDIVISION, LLC, whose address is PO BOX 3762, ALPINE, WY 83128 (referred to below as "Grantor") and 1st Bank, whose address is 79 Highway 89, P.O. Box 3110, Alpine, WY 83128 (referred to below as "Lender"). MORTGAGE. Lender and Grantor have entered into a Mortgage dated May 13, 2009 (the "Mortgage") which has been recorded in LINCOLN County, State of Wyoming, as follows: MORTGAGE RECORDED ON MAY 27, 2008, IN BOOK 695 ON PAGE 388, IN THE OFFICE OF THE LINCOLN COUNTY CLERK. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in LINCOLN County, State of Wyoming: PARCEL #1: LOT ONE (1), LOT TWO (2), LOT THREE (3) AND LOT EIGHT (8) OF THE STEWART CREEK SUBDIVISION, LINCOLN COUNTY, WYOMING ACCORDING TO THAT PLAT OF THE SUBDIVISION RECORDED OCTOBER 8, 1981 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING, AS PLAT NO. 275. PARCEL #1A: EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED IN DOCUMENTS RECORDED IN BOOK 130 P.R., ON PAGE 196; IN BOOK 147 P.R., ON PAGE 66: IN BOOK 147 P.R., ON PAGE 79; IN BOOK 147 P.R., ON PAGE 80; IN BOOK 147 P.R., ON PAGE 81; IN BOOK 181 P.R., ON PAGE 773 AND IN BOOK 185 P.R., ON PAGE 248. The Real Property or its address is commonly known as LOTS 1,2,3, & 8 OF STEWART CREEK SUBDIVISION, ALPINE, WY 83123. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: AS OF TODAY'S DATE WE ARE CHANGING THE COLLATERAL FROM: PARCEL #1: LOT ONE (1), LOT TWO (2). LOT THREE (3), AND LOT EIGHT (8) OF THE STEWART CREEK SUBDIVISION, LINCOLN COUNTY, WYOMING TO: PARCEL #1: LOT ONE (1), LOT TWO (2), LOT FIVE (5), AND LOT EIGHT (8) OF THE STEWART CREEK SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT OF THE SUBDIVISION RECORDED OCTOBER 08, 1981 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING, AS PLAT NO 275. PARCEL #1A: EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED IN DOCUMENTS RECORDED IN BOOK 130 P.R., ON PAGE 196; IN BOOK 147 P.R., ON PAGE 66: IN BOOK 147 P.R., ON PAGE 79; IN BOOK 147 P.R., ON PAGE 80; IN BOOK 147 P.R., ON PAGE 81; IN BOOK 181 P.R., ON PAGE 773 AND IN BOOK 185 P.R., ON PAGE 248. 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 MAY 22, 2008. MODIFICATION OF MORTGAGE Loan No: 761001936 (Continued) Page 2 GRANTOR: STEWA 71, SUBDIVISION, LLC . B y: ROBERT R. MEMLE LENDER: 1ST BANK X James Robinson, Loan Offic r By: > 10"'712 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT E State o Count of This instrument was acknowledged before me o (date) by B RT R. MEIKLE, of STEWART CREEK SUBDIVISION, LLC and MATHEW MAL EY, of STEWART CREEK SUBDIVISION, LLC. NOTAR`! PUBLIC DORETT ?r'JEB&1 s"1S STATE OF COUNTY ~a WYOMING LINGO f't 0 WWI 20,201. m I:x ues mi. ~ p otarial Signature) My commission expires D ~ D MODIFICATION OF MORTGAGE Loan No: 761001936 (Continued) Page 3 LENDER ACKNOWLEDGMENT State of County o This instrument was acknowledged before me oKV (date) by v PUBLIC W NOTAR DORETTA 5TAT1 OF COUNIVY OF WYOMING LINCOLN ar 20,201-0 It Feb IN arial Signature) My commission expires LASER PRO Lending, Ver. 5.44.00.102 Copr. Harland Financial Solutions, Inc. 1997, 2009. All Rights Reserved. - WY D:\LASERPRO\FNB\CFI\LPL\G201.FC TR-7306 PR-9