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HomeMy WebLinkAbout9680641 \L..v I w &war RECEIVING 968064 I I 2_ BOOK: 798 PAGE: 510 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AMENDMENT TO REAL ESTATE MORTGAGE This Amendment to Real Estate Mortgage made this 20 day of 4a -n1'3 2012, between the Town Of LaBarge of Lincoln County, Wyoming, a duly organized municipality of that State, (hereinafter designated as "MORTGAGOR and the State of Wyoming, Wyoming Water Development Commission, 6920 Yellowtail Road, Cheyenne, Wyoming, 82002 (hereinafter designated as "MORTGAGEE Witnesseth: That whereas the MORTGAGOR has heretofore executed and delivered a certain promissory note, (hereinafter called "note dated on the 6 day of October, 2011, in the original principal sum of ONE HUNDRED TWENTY -TWO THOUSAND ONE HUNDRED DOLLARS ($122,100.00), and as security for the indebtedness evidenced thereby, executed and delivered to the MORTGAGEE a certain real estate mortgage, (hereinafter called "mortgage of even date with the note for the purpose of securing the payment thereof; and Whereas, the mortgage has been recorded in the office of the Lincoln County Clerk in Book 774, page 79, on the 7 day of October, 2011 as document number 961325, which mortgage, mortgages and warrants certain property, personal, real and mixed, being located and situated in the County of Lincoln, State of Wyoming, described as follows: 1. The, water diversion structures and other construction financed with Project funds as described in the Project Agreement for the LaBarge Water Supply Project entered into by the parties on October 6 2011, which Agreement is hereby incorporated herein by reference and made a part hereof. Further all lands, easements, access roads, struc- tures, rights -of -way and all appurtenances of the Town of LaBarge water system, including all after acquired property, to allow control and operation thereof. This project will install a diversion structure device as defined under the referenced Agreement. The diversion structure is located in the SE 1/4 NE 1/4 of Section 6, Township 26 North, Range 112 West of the 6th Prime Meridian, Lincoln County, Wyoming; 2. The interest MORTGAGOR currently has or hereafter ac- quires in the water rights recorded in the office of the Wyoming State Engineer as follows: Permit Number Priority Date P24979D 12/08/1975 P144296W 04/24/2002 3. The pledge and assignment of the MORTGAGOR of funds currently held and revenues generated by the operation of the water system, in an amount sufficient to meet loan amortization requirements, and to provide a sinking fund to meet repair and maintenance costs for the Project. A certified copy of a resolution by MORTGAGOR authorizing the pledge and assignment of funds currently held and revenues generated by the operation of the water system, for repayment of the loan and establishing a sinking fund is attached hereto and incorporated herein by reference. A copy of the MORTGAGOR'S Pledge and Assignment of Revenues is attached hereto and incorporated herein by reference; 4. Any and all permits required for construction of this Project and subsequent operation and maintenance of the water delivery system. and; Whereas, the parties hereto desire to make certain corrections and modifications in the mortgage. LABARGE WATER SUPPLY AMENDMENT TO REAL ESTATE MORTGAGE Page 1 of 3 RN110112/F° 0 5 Now, therefore, in consideration of the premises and the agreements hereinafter contained, and other good and valuable consideration, the parties hereto agree as follows: That the mortgage be amended to reflect that it is given to secure payment of the sum of ONE HUNDRED FORTY THOUSAND TWO HUNDRED FIFTY DOLLARS ($140,250.00), together with interest thereon at the rate of FOUR percent (4 per annum on the unpaid balance according to the terms of that certain renewal promissory note bearing even date herewith, given by MORTGAGOR to MORTGAGEE which said renewal promissory note is hereby incorporated herein by reference and made a part hereof. The MORTGAGOR hereby authorizes MORTGAGEE to place a legend on the note of October 6 2011, to read as follows: The mortgage debt hitherto evidenced by thisp�romissory note is now evidenced by a renewal promissory note dated ,Veamr3V the sum of $140,250.00 evidencing the unpaid balance of principal and interest now due upon said note. The mortgage securing this note now secures said renewal note with all the priorities enjoyed by said mortgage at its inception. Except as hereby expressly modified or amended the note and mortgage shall remain in full force and effect. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK LABARGE WATER SUPPLY AMENDMENT TO REAL ESTATE MORTGAGE Page 2of3 RN110112/F IN WITNESS WHEREOF, the MORTGAGOR by and through its duly authorized representatives, has hereunto set their hands and seal and the MORTGAGEE has caused this instrument to be executed by its duly authorized officers on the day and year first above written. Attest: magi k andis Kjar, Clerk/Treasurer STATE OF WYOMING ss. COUNTY OF LINCOLN This instrument was acknowledged before me on 7/i 20 2012, by Larry Stepp and Kandis Kjar as the Mayor and Town Clerk/Treasurer of the Town of LaBarge. (Seal, if any) My commission expires STATE OF WYOMING ss. COUNTY OF LARAMIE (Seal, if any) 6 ?-/S 16 My commission expires 1 -14- '1/4 TOWN OF LABARGE 11 d /I ir/ Notary Pub "c vsv a» tea. ,rs W' i "7“110." CINDY D. MARI COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES SEPT. 15. 201& WYOMING WATER DEVELOPMENT COMMISSION Shurtleff, Chairma By: t C K.'J j ette Sek n, Secret This instrument was acknowledged before me on Kloa 8 2012, by Kent C. Shurtleff and K. Jeanette Sekan as the Chairman and Secretary of the Wyoming Water Development Commission. Notary Public LABARGE WATER SUPPLY AMENDMENT TO REAL ESTATE MORTGAGE Page3of3 RN110112F'