HomeMy WebLinkAbout953804AMENDMENT TO MORTGAGE
THIS AMENDMENT TO MORTGAGE (this "Amendment is entered into as of
March Pip, 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
December 19, 2007, recorded December 20, 2007 in Book 681, Page 708, Receiving
No. 935728 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 $1,120,000.00 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 t, 2010 from Borrower to Bank.
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
{00043434.DOC}
RECEIVED 6/4/2010 at 11:05 AM
RECEIVING 953
1 BOOK: 748 PAGE: 410
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
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.
{00043434. DOC}
[SIGNATURE PAGES FOLLOW]
2
TIKCUF INVESTMENTS, INC.,
a Florida %•oration
By: a,�
Na games H. Dorsey, II
Title: President
STATE OF na r ti d aU
COUNTY OF Yin &el-L-
ss.
This instrument was acknowledged before me on
2010, by James
H. Dorsey, III, President of Tikcuf Investments, Inc., a Florida corporation.
{00043434.DOC}
SEAL (if any)
Notary Public
My commission expires: Oc± y', ,70/(5i
3
WELLS FAR .O BANK, N.A.
411F,
1
By:
Nam
Title.
STATE OF
COUNTY OF
{00043434. DOC}
L. L,AAd ,d
t. 4 dd.%+
SEAL (if any)
My commission expires:
ss.
This i strument was cknowledged before me on
2010, by f 0,r0 1' 1, Ve(\ as if
Wells Fargo Bank, N.A., a n tonal bank association.
4
All
GENERAL WARY Stye of
KRISA K. MOOR
My Comm. Exp. Nov. 20,
413
Exhibit "A"
Amendment to Mortgage
Tikcuf Investments, Inc.
Legal Descriptions
Page 1
That part of the Southwest'/ Southeast'/ and that part of the Southwest'/ of Section 11,
Township 35 North, Range 119 West, Lincoln County, Wyoming, being part of that tract of
record in the office of the Clerk of Lincoln County in Book 194 of Photostatic Records on
Page 235 and all that tract of record in Book 588 of Photostatic records on Page 450,
described as follows:
Beginning at the Southeast corner of said Southwest'/; thence South 89 °52'49" West,
132639 feet; along the South line of said Southwest to the Southwest corner of the
Southeast Southwest of said Section 11, identical with the Southeast corner of that tract
of record in said office in Book 561 of Photostatic records on Page 398; thence North
00 °02' 12" West, 981.65 feet, along the West line of said Southeast %a Southwest to a
Southeast point of said tract in Book 588; thence North 89 °39'32" West, 777.60 feet, along
the South line of said tract, to a point; thence North 00°17'11" East, 334.99 feet, along a West
line of said tract in Book 588, to a Northwest comer thereof; thence North 89 °58'41" East,
467.37 feet, along a north line of said tract in Book 588, to a point; thence North 00 °21'29"
East, 587.52 feet, along a West line of said tract, to a point; thence North 00 °02'08" West,
336.49 feet, along said West line, to the Southwest point of the LaDean Clark Tract as
depicted on that plat of record in saki office as Instrument No. 906091; thence North
89 °58'41" East, 304.27 feet, along the South line of said tract, to the Southeast point thereof;
thence continuing North 89 °58'41" East, 537.62 feet, to a point; thence North 00 °02' 12"
West, 396.59 feet, along a line parallel with the West line of the Northeast i/4 Southwest'/ of
said Section 11, to a spike on the North line of said Northeast'/ Southwest thence North
89 °55'43" East, 60.0 feet, along said North line, to a spike on the Westerly line of the East
Side Canal Company property, as established this survey; thence Southeasterly along said
r 414
Exhibit "A"
Amendment to Mortgage
Tikcuf Investments, Inc.
Legal Descriptions
Page 2
Westerly line: South 09 °54'54" East, 113.86 feet, to a point; South 13 °56'43" East, 63.13
feet, to a point; South 17°27'51" East, 151.12 feet, to a point; South 18 °49'51" East, 134.51
feet, to a point; South 19 °17'28" East, 152.03 feet, to a point; South 21 °25'05" East, 76.05
feet, to a point; South 24 °04'58" East, 70.89 feet, to a point; South 29 °57'45" East, 77.53 feet,
to a point; South 36 °15'28" East, 72.52 feet, to a point; South 27 °58'44" East, 63.53 feet, to a
point; South 22°26'15" East, 136.36 feet, to a point; South 28 °51'59" East, 161.28 feet, to a
point; South 34 °02'45" East, 62.66 feet, to a point; South 40 °59'09" East, 79.11 feet, to a
point; South 34 °33'57" East, 95.95 feet, to a point; South 27 °09'28" East, 110.65 feet, to a
point; South 19 °36'48" East, 58.97 feet, to a point; South 14 °32'53" East, 26.74 feet, to a
point; South 19 °15'58" East, 85.33 feet, to apoint; South 25 °15'34" East, 71.92 feet, to a
point; South 32 °31'36" East, 232.54 feet, to a point; South 25 °21'02" East, 53.41 feet, to a
point; South 15°08'59" East, 107.42 feet, to a point; South 29 °06'07" East, 120.85 feet, to a
point; South 25 °11'25" East, 156.12 feet, to a point; South 31 °05'40" East, 158.87 feet, to a
point; South 28 °16'43" East, 140.2I feet, to a point; South 33 °44'49" East, 118.59 feet, to a
point on the South line of said Southwest '4 Southeast 1 /4, and leave said West offset line;
thence North 89 °43'34" East 118.59 feet, along the South line of the Southwest'/ Southeast
to the Corner of Beginning.
The basis of bearing for this survey is the West line of the Southwest'''/ of Section 11,
Township 35 North, Range 119 West, Lincoln County, Wyoming, being North 00°07'54"
West.
Together with that right of ingress and egress and utilities over, under and across the north
sixty (60) feet of that tract of record in said Office in Book 561 of Photostatic records on Page
398 as described in easement recorded in said office in Book 561 of Photostatic records on
Page 846; AND TOGETHER with a right of ingress and egress and utilities over, under and
across the East sixty (60) feet of the LaDean CIark Tract as depicted on that plat of record in
said Office as Instrument No. 906091;
Subject to easements of record; AND
Subject to an easement for the Etna Forest County Road 12 -112; each "corner" found as
described in the Corner Record filed or to be filed in the office of the Clerk of Lincoln
County;, each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed "SURVEYOR SCHERBEL STD AFTON WY PLS 5368 with appropriate details;
Each "spike" marked by a 3/8" x 12" steel spike, referenced by a 5/8" x 24" steel reinforcing
rod with a 2" aluminum cap inscribed, "SURVEYORS SCHERBEL LTD AFTON WY PLS
5368, with appropriate details;
All in accordance with the plat prepared to be filed in theoffice of the Clerk of Lincoln
County titled, "PLAT OF BOUNDARY ADJUSTMENT AND EASEMENTS FOR DALE S.
CLARK AND JANELLE CLARK WITHIN Southwest 'A Southwest'/ Section 11, Township
35 North Range 119 West, Lincoln County, Wyoming, dated 11 April 2007, as revised.
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