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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)