HomeMy WebLinkAbout949728RECORDATION 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
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 1, 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, 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 h,ortgage as follows:
Renew principal loan balance in the amount of $1,080,000.00 with quarterly interest payments beginning December 1, 2009 and
continuing on the 1st day of each quarter thereafter ,until mati;rity, Septemhw 1, 2010. All other terms and conditions remain the same.
CONTINUING VALIDITY. Except as expressly modified :;.~:•ove, 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 .,:spertive terms. Consent by Lender to this Modification does not
waive Lender's right to require strict performance of the Mortgage as Chang-1 above nor obligate Lender to make any future modifications.
Nothing in this Modification shall constitute a satisfaction of the promissory note: or ether 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 subsequen`t'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, 2009.
GRANTOR:
HEATH PROPERTIES, L.P.
DWH INVESTM S neral nor ea operties, L.P.
Bich, President of DWH Investments,
LENDER:
RECEIVED 9/28/2009 at 10:49 AM
RECEIVING # 949728
BOOK: 732 PAGE: 722
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
TOLLES IV E BA
X
Aut orized Signer
Loan No: 13854
MODIFICATION OF MORTGAGE
(Continued) C»Giy,723 Page 2
PARTNERSHIP ACKNOWLEDGMENT
State of / ka
County of ` ( S
This instrument was acknowledged before me on (date) by Richard W. Heath, President of DWH Investments, Inc.,
General Partner of Heath Properties, L.P..
~io~.• LAURA BERG
Notary Public, State of Texas
s . 'off My Commission Expires
'r
October 17, 2013
- (A a4k~
(Notarial ignature)
My commission expires:
LENDER ACKNOWLEDGMENT
State of Ta
County of
This instrument was acknowledged before me on q `'O (date) by A&V V A 1A e-4+0 h
"Y0 LAURA BERG
Notary Public, State of Texas
My Commission Expires
October 17, 2013
(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\CFRI-PL\G201.FC TR-1205 PR-34