HomeMy WebLinkAbout961041RECORDATION 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
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MODIFICATION OF MORTGAGE
THIS MODIFICATION OF MORTGAGE dated September 1, 2011, 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 September 27, 2005 (the "Mortgage which has been recorded in Lincoln
County, State of Wyoming, as follows:
Recorded October 3, 2005 in Book 600 Page 100, Lincoln County Clerk, Kemmerer, WY.
REAL PROPERTY DESCRIPTION. The Mortgage covers the following cescribed real property located in Lincoln County, State of Wyoming:
Lot 16 of Shadow Dancer Estates, Lincoln County, Wyoming as described on the Official Plat thereof.
The Real Property or its address is commonly known as 1291 Trail Ridge Road, Alpine, WY 83128.
MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows:
Renew principal loan balance in the amount of $1,080,000.00 with quarterly interest payments beginning December 1, 2011 and
continuing on the 1st day of each quarter thereafter until maturity, September 1, 2012. All other terms and conditions remain the same.
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 ss 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 hereby ratifies and affirms that Grantor's liability shall
continue in full force and effect through and including the Note's now extended maturity date and that Grantor has no defenses, setoffs, or
other claims against Lender arising out of this credit facility. If it is cetermined that any other person or entity other than Lender shall have a
lien, encumbrance, or claim of any type which has a legal priority over any term of this Modification, the original terms of the Note and
Mortgage shall be severable from this Modification and separately enforceable from the terms thereof as modified hereby in accordance with
their original terms, and Lender shall maintain all legal or equitable priorities which were in existence before the date of execution of this
Modification. It is understood by and is the intention of the parties hereto that any legal or equitable priorities of Lender over any party which
were in existence before the date of execution of this Modification shall remain in effect after the execution of this Modification.
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 1, 2011.
GRANTOR:
HEATH PROPERTIES, L.P.
DWH I
ichard W. Heath, President of H Investments,
Inc.
LENDER:
TOLLES
rized igner
th Properties, L.P.
RECEIVED 9/19/2011 at 3:17 PM
RECEIVING 961041
BOOK: 773 PAGE: 39
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000039
Loan No: 13854
This instrument was acknowledged before me o
General Partner of Heath Properties, L.P..
State o
County of
LISA M, TRAMMELL
�`�a•
_Notary public, State of Texas
My Commission Expires
11. 44;r(t 4 September 25, 2014
This instrument was acknowledged before me o
PU'�� LISA M. TRAMMELL
`•,l: Notary Public, State of Texas
My Commission Expires
September 25, 2014
000040
MODIFICATION OF MORTGAGE
(Continued) Page 2
PARTNERSHIP ACKNOWLEDGMENT
1 (date) by Richard W. Heath, President of DWH Investments, Inc.,
Motor al Signature)
My commission expire
LENDER ACKNOWLEDGMENT
I: \BANK \CFI \LPL \G201.FC TR -1205 PR -34
(date) by 0 r Y r S. ff-ef-
(Notarial Signature) /1/1 QSL
5
My commission expires: 4 o\
LASER PRO Lending, Ver. 5.57.10.001 Copr. Harland Financial Solutions, Inc. 1997, 2011. All Rights Reserved. WY/TX