HomeMy WebLinkAbout9572916011019477
When Recorded, Return to:
HOLLAND HART LLP
ATTN: CHARLES W. HINGLE
P.O. Box 639
BILLINGS, MONTANA 59103 -0639
AMENDMENT OF LINE OF CREDIT MORTGAGE
RECITALS
LOT 29 AND 30 OF AFTON AIRPARK ADDITION TO
THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING
AS DESCRIBED ON THE OFFICIAL PLAT NO. 167 -C
FILED AUGUST 1, 2005 AS INSTRUMENT NO. 910442
OF THE RECORDS OF THE LINCOLN COUNTY
CLERK. 12- 3219- 36 -4 -00- 080.00
12-3219-36-1-00-079.00**
Which currently has the address of 225 W. Diamond St.,
Afton, Wyoming 83110.
RECEIVED 12/22/2010 at 4:33 PM
RECEIVING 957291
BOOK: 759 PAGE: 218
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
00t..218
THIS AMENDMENT OF LINE OF CREDIT MORTGAGE (this "Amendment is
made and entered into as of the 17 day of December 2010, by and between LESLIE I.
MOREHOUSE as sole Trustee of the BRADLEY D. MOREHOUSE REVOCABLE TRUST
DATED MAY 24, 2002, (the "Borrower of 225 West Diamond Street, Afton, Wyoming
83110, and WELLS FARGO BANK, N.A., of 234 E. 1st Street, Casper, Wyoming 82601 (the
ank").
The Borrower owns good and merchantable fee simple title to the following described
real property, located in Lincoln County, Wyoming, including any buildings, improvements or
fixtures located thereon (collectively the "Premises
The Premises are encumbered by that certain Line of Credit Mortgage dated July 17,
2007, executed July 18, 2007, and received and recorded by the County Clerk of Lincoln
County, Wyoming on August 1, 2007 in Book 667 at Page 649 under Receiving 931792 (the
"Mortgage wherein the Borrower and Leslie I. Morehouse, individually, are the named
borrowers and the Bank is the named Lender.
The parties agreed to amend and restate the Platinum EquityLine Account Agreement
and Disclosure Statement Monthly in the original principal amount of $1,650,000.00, dated July
17, 2007, and executed by Brad D. Morehouse (a/k /a Bradley D. Morehouse), as Borrower, on
July 18, 2007 secured by the Mortgage by entering into, inter alia, that certain Credit Agreement
dated December 17, 2010 by and between the Borrower and the Bank with respect to a term loan
of $1,635,375.54 (the "Credit Agreement a promissory note in the original principal amount of
$1,635,375.54 (the "Note and additional loan, security, mortgage, and other agreements
entered into in connection with or related to the Credit Agreement and the Note (collectively and
together with the Credit Agreement and Note, the "Loan Documents
For good and valuable consideration, in money or money's worth, the receipt and
sufficiency of which is acknowledged, the Borrower and the Bank agree as follows:
1. The definition of "Borrower" in the Mortgage shall be amended to define LESLIE
I. MOREHOUSE as sole Trustee of the BRADLEY D. MOREHOUSE REVOCABLE TRUST
as the "Borrower" and each reference to the Borrower in the Mortgage shall be deemed to refer
to LESLIE I. MOREHOUSE as sole Trustee of the BRADLEY D. MOREHOUSE
REVOCABLE TRUST.
follows
AGREEMENT
2
0002:19
2. The definition of Debt Instrument shall be amended to read, in its entirety, as
(D) "Debt Instrument" means the Credit Agreement or other credit
instrument signed by Borrower and dated December 17, 2010. The Debt
Instrument states that Borrower owes Lender ONE MILLION SIX
HUNDRED THIRTY -FIVE THOUSAND THREE HUNDRED
SEVENTY -FIVE AND 54/100 Dollars 1,635,375.54), plus interest.
Borrower has promised to pay this debt in Periodic Payments and to pay
the debt in full not later than November 1, 2014.
3. Borrower acknowledges and reaffirms the existence, validity and enforceability of
the obligations of Borrower evidenced by the Note, the lien created by the Mortgage on the
Premises to secure the Note, all terms, conditions, agreements, representations and warranties
contained in the Mortgage, and the Borrower's liabilities and obligations under the Loan
Documents; and agrees and acknowledges that no offsets, deductions, claims, counterclaims, or
defenses exist with respect to any of these matters. To further secure the Note, the Borrower
does hereby mortgage, grant and convey to the Bank and the Bank's successors and assigns, with
power of sale, the Premises.
4. Except as modified by this Amendment, all terms, conditions, agreements,
representations and warranties contained in the Mortgage shall remain unaffected, unchanged
and unimpaired, and shall remain in full force and effect.
5. This Amendment shall be governed by and construed in accordance with the laws
of the State of Wyoming.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed
as of the day and year first above written.
BORROWER:
BRADLEY D. MOREHOUSE
REVOCABLE TRUST
eslie I. Morehouse, as the
sole successor Trustee of the
Bradley D. Morehouse Revocable
Trust
By:
STATE OF WYOMING
COUNTY OF LINCOLN
GLORIA K. BYERS NOTARY PUBLIC
County of
Lincoln
M Comm
State of
Wyoming
res September 15, 2011
ACKNOWLEDGEMENT
ss.:
3
000220
ON THIS, the 7 day of edict.) 2010, before me appeared Leslie
I. Morehouse, who acknowledged herself to be the sole Trustee of the Bradley D. Morehouse
Revocable Trust, and executed and acknowledged the foregoing instrument for and on behalf of
the Bradley D. Morehouse Revocable Trust, as the official act thereof for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
a
Notary Public
My Commission Expires 9 /S— j)