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HomeMy WebLinkAbout949727RECORDATION REQUESTED BY: Tolleson Private Bank 5550 Preston Road, Suite B Dallas, TX 75205-2661 WHEN RECORDED MAIL TO: Tolleson Private Bank 5550 Preston Road, Suite B Dallas, TX 75205-2661 V100 720 SEND TAX NOTICES TO: Heath Properties, L.P. 5550 LBJ Freeway, Suite 650 Dallas TX 75240 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated September 8, 2009, 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, State 13, es¢~,1 as, TX 7; 2; -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 Properties, L.P. and Tolleson Private Bank being renewed and extended to mature September 8, 2010. Borrower's payment schedule consists of 3 quarterly consecutive interest payments, beginning December 8, 2009 and one payment on September 8, 2010. CONTINUING VALIDITY. Except as expressly modified uoove, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable In acco.sance with their respective terms. Consent by Lender to this Modification does=riot. waive Lender's right to require strict performance of ttie Mori;;aje as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfacii.;n of th:; proniissory mote or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable ail 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 viill 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 8, 2009. GRANTOR: HEATH PROPERTIES, L.P. DWH I ESTM T era a -of th Properties, L.P. B is and W. He resident o D H nvestments, Inc. LENDER: RECEIVED 9/28/2009 at 10:49 AM RECEIVING # 949727 BOOK: 732 PAGE: 720 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY TOLLES RIV E BA X Aut orized )A-- ignbf MODIFICATION OF MORTGAGE Loan No: 12286 (Continued) SOU-" 21 Page 2 PARTNERSHIP ACKNOWLEDGMENT State of-T-UaS County of tcWvs This instrument was acknowledged before me on (date) by Richard W. Heath, President of DWH Investments, Inc., General Partner of Heath Properties, L.P.. "olYpe' LAURA BERG Notary Public, State of Texas r My Commission Expires October 17, 2013 "M NPWOWN (Ni otaria-i Signature) My commission expires: LENDER ACKNOWLEDGMENT State of 7 County of, This instrument was acknowledged before me on r ` 0 (date) by J`"PY P4~~ LAURA BERG p1~,. Bin Notary Public, State of Texas My Commission Expires October 17, 2013 RgAgo (Notarial Signature) My commission expires: LASER PRO Lending, Ver. 5.45.00.004 Copr. Harland Financial Solutions, Inc. 1997, 2009. All Rights Reserved. WY/TX I:\BANK\CFI\LPL\G201.FC TR-1206 PR-34