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HomeMy WebLinkAbout955503RECEIVED 9/14/2010 at 3:55 PM RECEIVING 955503 BOOK: 753 PAGE: 638 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY LOAN MODIFICATION AGREEMENT ri f; 0638 This agreement is made and entered into between First International Bank Trust, the "Bank and WJW Holdings, LLLP, a North Dakota Limited Liability Limited Partnership, the "Mortgagor(s) The Bank is the holder of a note #165301, mortgage and assignment of leases and rents, incorporated in this agreement by reference, executed on September 12, 2007, as evidence of and security for a loan made to the Borrower by the First International Bank Trust on September 12, 2007. The Borrower is now indebted to the Bank in the sum of $3,673,261.37. $3,661,969.28 consisting of principal and $11,292.09 consisting of interest and as of this date and no unpaid installments of ground rents, hazard insurance premiums, taxes, assessments, and mortgage insurance premiums, the payment of which is secured by a Note dated September 12, 2007, Mortgage, and Assignment of Leases and Rents owned and held by the Bank dated September 12, 2007 and recorded in the office of Lincoln County Clerk, Kemmerer, Wyoming on September 26, 2007 as Receiving #933473, Book 673 and Page 432 and Receiving #933474, Book 673 and Page 441. The Mortgage and Assignment of Leases and Rents covers the following described real property: See Attached Exhibit A. The parties mutually desire and agree to modify the following terms and conditions and will become effective on the date this document is executed by all partners: The monthly payments will change to 12 monthly principal and interest payments of $25,014.22 starting with the September 15, 2010 and 1 balloon payment of $3,622,725.86 where all principal, interest and fees will be due. The maturity date will be extended to September 15, 2011. All other terms and conditions will remain the same. The Mortgage shall continue as a first lien upon the premises and neither the obligation evidencing this indebtedness nor the mortgage securing the same shall in any way be prejudiced by this Agreement, but the obligation and Mortgage and Assignment of Lease and Rents and all covenants and agreements thereof and the rights of the parties thereunder shall remain in full force and effect except as herein expressly modified. THIS AGREEMENT, Exec NtR'4, .ldings, LLLP STATE OF NORTH DAKOTA ss. COUNTY OF CASS Executed by the First International Bank Trust this STATE OF NORTH DAKOTA ss. COUNTY OF CASS Not. 'ublic $x ed by the Mortgagor this 1 day of September, 2010. On this 1 day of September, 2010, before me personally appeared William J. Wiemann, General Partner known to me to be the person(s) who are described in and who executed the within instrument and acknowledged to me that they executed the same. â–ºteaIL1 Notary Public My Commission Expires: f pp,/ J ((j My Commission Expires: KIM HENDRICKSON Notary Public State of North Dakota My Commission Expires July 28, 20 d day of September, 2010. On the day of September, 2010, by Dennis L. Schock, known by me to be the Senior Vice President of the First International Bank Trust, personally appeared before me and acknowledged that the First International Bank Trust executed such agreement. Senior Vice President all en_ A_ I KIM HENDRICKSON Notary Public State of North Dakota My Commission Expires Jul 28, 2016 PARCEL #1 EXHIBIT IBIT LOT 20 OF ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2, AMENDED, RECORDED JUNE 4, 1981 AT DOCUMENT NUMBER 559191, MAI° NUIVLBER 264, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. PARCEL #2 LOT 23 OF ALPINE VILLAGE SUBDIVISION NO. 1 PLAT Z AMENDED, RECORDED JUNE 4, 1981 AT DOCUMENT NUMBER 559191, IvIAFNUMBER 264, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. PARCEL #3 LOT 27 OF ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2, AMENDED, RECORDED JUNE 4, 1981 AT DOCUMENT NUMBER 539191, MAP NUMBER 264, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMIN¢ PARCEL #4 THAT PORTION OF LOT 41 [N THE ALPINE VILLAGE SUBDIVISION NO. 1, PLAT 2, AMENDED, RECORDED JUNE 4, 1981 AT DOCUMENT NUMBER 559191, MAP NUMBER 264, LINCOLN COUNTY, WYOMING LYING NORTH WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 41 SOUTH 36 °56'17" BAST, 302.00 FEET FROM THE NORTH CORNER OF SAID LOT; THENCE SOUTH 53 °04'01" WEST, 459.22 FEET PARALLEL WITH AND 302.00 FEET SOUTHEASTERLY or THE NORTHWESTERLY LINE OF SAID LOT TO THE SOUTHWESTERLY LINE OF SAID LOT. 64 O