Loading...
HomeMy WebLinkAbout951762RECORDATION 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 SEND TAX NOTICES TO: 1st Bank Alpine 79 Highway 89 P.O. Box3110 Alpine, WY 83128 MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated January 21, 2010, is made and executed between RIVER BEND MEADOWS, LLC, a Wyoming limited liability company (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 July 5, 2006 (the "Mortgage "I which has been recorded in LINCOLN County, State of Wyoming, as follows: AUGUST 9, 2006 BOOK 629, PAGE 544, LINCOLN COUNTY, WYOMING AND A RE- RECORDED MORTGAGE JULY 5, 2007 BOOK 664, PAGE 503, LINCOLN. COUNTY, WYOMING. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in LINCOLN County, State of Wyoming: See EXHIBIT "A which is attached to this Modification and made a part of this Modification as if fully set forth herein. The Real Property or its address is commonly known as DEER RUN, THAYNE, WY 83127. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: CHANGING RATE FROM A VARIABLE RATE TO A FIXED RATE OF 5.50 ADDING ADDITIONAL REAL ESTATE AS COLLATERAL, SEE EXHIBIT "A" FOR LEGAL DESCRIPTION. 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 ail 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 January 21, 2010. GRANTOR: RIVER BEND 11lIEADOWS, LLC By: DAN G. OLSEN, MEADOWS, LLC LENDER: 1ST BANK Manager of RIVER BEND RECEIVED 1/22/2010 at 1:08 PM RECEIVING 951762 BOOK: 740 PAGE: 717 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 006717 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE Loan No: 761001228 (Continued) State of County of This instrument was acknowledged before me on State of Wyoming County of J4ncoln LIMITED LIABILITY COMPANY ACKNOWLEDGMENT NOTARY PUBLIC STATE OF WYOMING ELLEN C. PUGH COUNTY OF LINCOLN myycomy18s1 OWN {S ggliRUAAY 14,201 (Notarial Signature) LENDER ACKNOWLEDGMENT (date) .y DAN G. OLSEN, Manager of RIVER BEND MEADOWS, LLC. My commission expires: This instrument was acknowledged before me on Janz21 2010 (date) by Penny Jones (Aerial Signature) My commission expires: rid -1 (OO71$ Page 2 LASER PRO Lending, Ver. 5.48.10.001 Copr. Harland Financial Solutions, Inc. 1997, 2010. All Rights: Reserved. WY L:tCF11L('L\G201.FC TR -11473 State of California County of CALIFORNIA ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT rt r off+` before me, A "G r d 1t31 t 4 ub1 iG insert name (F ere me a title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the persons whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /Ate/tlya)/ executed the same in his /14filtlaeir authorized capacity(ip), and that by his /111.ir signature, on the instrument the persor> or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. gnatu of Notary Public DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER Individual (s) Corporate Officer Critic) Partner(s) Attorney -in -Fact Trustee(s) Other 2008 Version CA PA v12.10.07 800 -873 -9865 www.NotaryClasses.com (Notary Seal) 006719 'PATRICiA NGUYEN COMM. 01778165 rn NOTARYPUBUC•CALIFCRNIA in Cringe County Comm. Expires Nov 5, 2011 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California H contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefullvfor proper notarial wording and attach this fortn if required. State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. Date of notarization must he the date that the signer(s) personally appeared which must also he the same date the acknowledgment is completed. The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). Print the name(s) of document signer(s) who personally appear at the time of notarization. Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she /they, is /ate) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of recording. •Fhe notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. Signature of the notary public must match the signature on tile with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed document Exhibit "A" 000"720 PARCEL 1: Lots 1, 2, 3, 4, 5, 6, 10, 11, 16, 17, 18, 19, 20, 21, 22, 26, 27, 28, 29, 30, 32, 33 and 35 of RIVER BEND MEADOWS SUBDIVISION, Lincoln County, Wyoming, as shown on the official plat thereof filed November 29, 2006, as Receiving No. 924843, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 217 -A. PARCEL 2: Lots 42, 43, 44, 45, 46, 47 and 48 of RIVER BEND MEADOWS PHASE TWO, Lincoln County, Wyoming, as shown on the official plat thereof fled November 7, 2007, as Receiving No. 934705, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 934705. PARCEL 3 -A: Lot 3 of DEER RUN SECOND FILING, Lincoln County, Wyoming, as shown on the official plat thereof fled Jnly 7, 2004, as Receiving No. 900938, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 140-B. PARCEL 3 -B: The right of ingress and egress as described in that certain Warranty Deed, dated February 13, 2006, recorded February 16, 2006, in Book 612 P,R.,. on Page 445, as Receiving No. 916025, and re-recorded March 27, 2006, in Book 615 P.R., on Page 144, as Receiving No. 916920, all in the records of the Clerks Office of Lincoln County, Wyoming. Land Title Company Underwriter Stewart Title Guaranty Company Commitment Schedule A