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HomeMy WebLinkAbout955924RECORDATION 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 RECEIVED 10/12/2010 at 11:33 AM RECEIVING 955924 BOOK: 755 PAGE: 169 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY OC SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated September 8, 2010, is made and executed between Heath Properties, L.P., whose address is 5550 LBJ Freeway, Suite 650, Dallas, TX 75240 (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 October 7, 2004 (the "Mortgage which has been recorded in Lincoln County, State of Wyoming, as follows: Recorded October 11, 2004 Lincoln County Clerk, Book 569PR, page 645. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Lincoln County, State of Wyoming: Lot 19 of Shadow Dancer Estates Subdivison, Lincoln County, Wyoming as described on the Official Plat thereof The Real Property or its address is commonly known as Lot 19 of Shadow Dancer Estates, Alpine, WY 83128. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: Mortgage originally between Heath Builders, L.P. now known as Heath Properties, L.P. and Tolleson Private Bank, renewed and extended to mature September 8, 2011. Quarterly interest payments beginning December 8, 2010 and continuing on the 8th day of each quarter thereafter until maturity, September 8, 2011. 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 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 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 SEPTEMBER 8, 2010. GRANTOR: HEATH PROPERTIES, L.P. DWH I� ST era/ .r,i of Heath Properties, L.P. 'chard W. Bath, President of WH Investments, Inc. LENDER: Loan No: 12286 This instrument was acknowledged before me o General Partner of Heath Properties, L.P.. LISA M. TRAMMELL Notary Public, State of Texas My Commission Expires September 25, 2014 This instrument was acknowledged before me o LISA M. TRAMMELL f Notary Public, State of Texas e My Commission Expires September 25, 2014 MODIFICATION OF MORTGAGE (Continued) 0C 1.70 PARTNERSHIP ACKNOWLEDGMENT (Nota al ignature) per" tdate) by Richard W. Heath, President of DWH Investments, Inc., My commission expires; LENDER ACKNOWLEDGMENT (Nota 'al ignatur My commission expires: Page 2 LASER PRO Lending, Ver. 5.52.10.001 Copr. Harland Financial Solutions, Inc. 1997, 2010. All Rights Reserved. WY /TX I: \BANK \CFI \LPL \G201.FC TR -1206 PR -34