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HomeMy WebLinkAbout957596RECEIVED 1/13/2011 at 10:42 AM RECEIVING 957596 BOOK: 760 PAGE: 508 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 006509 (Space Above This Line For Recording Data) MODIFICATION AGREEMENT MORTGAGE THIS MODIFICATION AGREEMENT Agreement") is made this 28th day of December, 2010, between WILLIAM J WIEMANN, a single person, whose address is 4450 WEST EARHART WAY, CHANDLER, Arizona 85226 "Borrower and Western State Bank whose address is 755 13th Avenue East, West Fargo, North Dakota 58078 "Lender Western State Bank and Borrower entered into a Mortgage dated October 30, 2009 and recorded on November 9, 2009, filed for record in Book 735, Page 374, Recorder's entry number 950417 and an Assignment of Rents dated October 30, 2009 and recorded on November 9, 2009, filed for record in Book 735, Page 380 Recorder's entry number 950419 "Mortgage in the records of the County of Lincoln, State of Wyoming. The mortgage covers the following described real property: Address: 270 Alpine Village Loop, Alpine, Wyoming 83128 Legal Description: Lot 42 of Alpine Village Subdivision No. 1, Plat 2, Amended, Lincoln County, Wyoming as described on the official plat thereof Recorded June 4, 1981 at Document Number 559191, and Map Number 264, in the Office of the Clerk, Lincoln County, Wyoming It is the express intent of the Borrower and Lender to modify the terms and provisions set forth in the Mortgage. Borrower and Lender hereby agree to modify the Mortgage as follows: Extend the maturity date from December 15, 2009 to July 1, 2011, Borrower and Lender agree that the Mortgage including such changes, modifications, and amendments as set forth herein, shall remain in full force and effect with respect to each and every term and condition thereof and nothing herein contained shall in any manner affect the lien of the Mortgage on the Property. Nothing contained herein shall in any way impair the Mortgage or the security now held for the indebtedness thereunder, or alter, waive, annul, vary, or affect any provision, term, condition, or covenant therein, except as herein provided, nor affect or impair any rights, powers, privileges, duties, or remedies under the Mortgage it being the intent of Borrower and Lender that the terms and provisions thereof shall continue in full force and effect, except as specifically modified herein. Nothing in this Agreement shall constitute a satisfaction of the promissory note or notes, or other credit agreement or agreements secured by the Mortgage. Lender's consent to this Agreement does not waive Lender's right to require strict performance of the Mortgage modified above, nor obligate Lender to make any future modifications. Any guarantor or cosigner shall not be released by virtue of this Agreement. If any Borrower who signed the original Mortgage does not sign this Agreement, then all Borrowers signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non signing person consents to the changes and provisions of this Agreement 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. 2104.2009 Compliance Systems, Inc. 16a6.4C91 2009.12195 Modification Agreement- Real Estate Security Instrument DL6016 Page 01'3 www.complianccsystems.com This Agreement shall be binding upon the heirs, successors, and assigns with respect to parties hereto. Whenever used, the singular shall include the plural, the plural, the singular, and the use of any gender shall be applicable to all genders. ORAL AGREEMENTS DISCLAIMER. This Agreement represents the final agreement between the parties and may not be contr: dicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwri oral agreements between the parties. 1% Date By s ing below, Bor 'wer and Lender acknowledge that they have read all the provisions contained in this Ag ment, and that ey accept and agree to its terms. WILL AM J WIEMAN Individually Witnessed by: Name: Date STATE OF ARIZONA COUNTY OF ryla Name: Date INDIVIDUAL ACKNOWLEDGMENT "De foregoing instrument was acknowledged by WILLIAM J WIEMANN, before me on q,t,p, 3p poi p In witness whereof, 1 hereunto set my hand and my official seal. My commission expires: 1? 12o_i,3 (Official Seal) By: Brad Jacobson Its: President LENDER: ester ank Date Identification Number 000509 02004 -2009 Compliance Systems, Inc. 1606 -4C91 2009.12.195 Mortification Agreement Real Estate Security Instrument DL60t Page 2 or 3 www•compliancesystems.com (Official Seal) THIS INSTRUMENT PREPARED BY Western State Bank 755 13th Ave E West Fargo, ND 58078 BUSINESS ACKNOWLEDGMENT STATE OF NORTH DAKOTA COUNTY OF A S S This instrument was acknowledged on the kil DP .14_,nuttriii 20/i by Brad Jacobson, President on behalf of Western State Bank, a(n) Corporation, who personally appeared before me. In witness whereof, I hereunto set my hand and official sea l My commission expires:.---- residing at Vass County, ND SHEILA FOERTSCH 1!l entification Number Notary Public State of North Dakota 0 My Commission Expires Mar. 19, 2014 2004 -2009 Compliance Systems, Inc. 16136-4C91 2009.12.195 Modification Agreement Real Estate Security Instrument DL6016 Page 3 of 3 AFTER RECORDING RETURN TO: Western State Bank 755 13th Ave E West Fargo, ND 58078 006510 www.compliancesystems.com