Loading...
HomeMy WebLinkAbout953801AMENDMENT TO MORTGAGE THIS AMENDMENT TO MORTGAGE (this "Amendment is entered into as of March 2010 by and between TIKCUF INVESTMENTS, INC., a Florida corporation "Borrower and WELLS FARGO BANK, N.A. SUCCESSOR BY CONSOLIDATION WITH THE JACKSON STATE BANK TRUST "Bank RECITALS WHEREAS, Bank is the Lender and Borrower is Grantor under a Mortgage dated September 12, 2005, recorded September 19, 2005 in Book 598, Page 196, Receiving No. 911973 of the Lincoln County, Wyoming Clerk and Recorder (the "Mortgage that encumbers the property described in Exhibit "A" hereto (the "Mortgaged Property WHEREAS, Borrower and Bank have agreed to renew and modify the debt obligation secured by the Mortgage and to amend the Mortgage as set forth herein. NOW, THEREFORE, for valuable consideration, including the Bank's agreement to renew the debt obligation secured by the Mortgage, the receipt and sufficiency of which is hereby acknowledged by the Borrower, the parties hereto agree to amend the Mortgage as follows: The "Maximum Lien" of the Mortgage is hereby increased from $822,454.50 to $2,645,618.30, together with all other costs, fees and expenses allowed by the Mortgage and Note. The term "Note" as defined in the Mortgage is deleted and the language below is substituted: Note. The word "Note" means the promissory notes number A- 2467837675- 18, A- 2467837675 -26, B- 8971688322 -18 and B- 8971688322 -26, in the total aggregate original principal amounts of $2,645,618.30, together with all renewals of, extensions of, modifications of, refinancing of, consolidations of, and substitutions for the promissory note(s) or agreement(s), each or collectively, which includes but is not limited to that Consolidation of Promissory Notes and Modification to Promissory Note with an Effective Date of March 4, 2010 from Borrower to Bank. {00043428. DOC} Except as expressly set forth herein, all terms and conditions of the Mortgage remain in full force and effect, without waiver or modification. All terms defined in the Mortgage shall have the same meaning when used in this Amendment. Borrower certifies that, notwithstanding the amendments set forth herein, all of the real property encumbered by the Mortgage securing the Note shall remain subject to the lien, charge or encumbrance of the Mortgage or other document pursuant to which such lien, charge or encumbrance is created, and nothing contained herein or done pursuant RECEIVED 6/4/2010 at 10:46 AM RECEIVING 953801 1 BOOK: 748 PAGE: 397 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY {00043428. DOC} [SIGNATURE PAGES FOLLOW] 2 +398 hereto shall affect or be construed to affect the priority of the lien, charge or encumbrance of the Mortgage. This Amendment may be executed in counterparts, each of which shall be deemed an original and together which shall constitute one Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the day and year first written above. TIKCUF INVE a Florida By: Nam ames H. Dorsey, I I I Title: President STATE OF ricridk COUNTY OF ss. :JO �;+3 9 This instrument was acknowledged before me on 0 o9. (P 2010, by James H. Dorsey, III, President of Tikcuf Investments, Inc., a Florida corporation. {00043428. DOC} SEAL (if any) 1' I ary ublic My commission expires: )d ;C1, c5o/i 3 WELLS FARG? BANK, N.A. By: Name: Title: STATE OF WO\CILSVA ss. COUNTY OF This instrument was acknowledged before me on 2010, by 4.0(1,k,\004A v as 11 p1(es1 d of Wells Fargank, N.A., a natilal bank association. {00043428. DOC} SEAL (if any) My commission expires: GENERAL NOTARY State of Nebraska KRISA K. MOORE My Comm. Exp. Nov. 20, 2010 m 4 Notary Public clip\ .0 400. Exhibit "A" Amendment to Mortgage Tikcuf Investments, Inc. Legal Descriptions SE1 /4NE1 /4 Sec. 19 T, 37 N., Range 118 W., 6th P.M., Wyoming and that portion of the SW1 /4NW1/4, Section 20, T37N, R118W, more particularly described as follows: BEGINNING at a point that is South 0 East a distance of 2,113.28 feet from the Northwest Corner of Sec. 20, T37 N, R118 West, running thence South 37 °00' East a distance of 658.47 feet, running thence North 89 °50' West a distance of 394.75 feet to t e Southwest Corner of the SW1 /4NW1 /4 of Sec. 20 aforesai, ce of running 27.76 feet oNorth OINT West along the westerly boundary of said S ec. 20 a distan OF BEGINNING. Less and Excepting any portion lying with in the bounds of State Highway 26. Also: That certain easement for ingress and egress 2 rods in width as described in that Warranty Deed recorded October 6, 1970, Book 91 P.R., Page 486.