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HomeMy WebLinkAbout969491SECOND AMENDMENT TO MORTGAGE THIS SECOND AMENDMENT TO MORTGAGE (this "Second Amendment is entered into as of August ab 2012 by and between JAMES H. DORSEY, III "Borrower and PALISADES VISTAS, LLC "Owner and WELLS FARGO BANK, N.A. SUCCESSOR BY CONSOLIDATION WITH THE JACKSON STATE BANK TRUST "Bank RECITALS WHEREAS, Bank is the Lender and Borrower is Grantor under a Mortgage dated March 20, 2006, recorded March 27, 2006 in Book 615, Page 259, Receiving No. 916950 of the Lincoln County, Wyoming Clerk and Recorder (the "Mortgage that encumbers the property described as follows: Lot 1, Alpine Village Subdivision No. 1, Plat 1, Amended, according to that plat filed in the Office of the Lincoln County Clerk, State of Wyoming (the "Mortgaged Property 00611 WHEREAS, Bank and Borrower modified the Mortgage pursuant to an Amendment to Mortgage dated March 26, 2010, recorded June 4, 2010 in Book 748, Page 402, Receiving No. 953802 of the Lincoln County, Wyoming Clerk and Recorder (the "Mortgage Amendment WHEREAS Borrower deeded the Mortgaged Property to Owner pursuant to a Quitclaim Deed dated September 5, 2008, recorded September 9, 2008 in Book 704, Page 395, Receiving No. 942071 of the Lincoln County, Wyoming Clerk and Recorder (the "Deed and Owner is the owner of record to the Mortgaged Property. WHEREAS, Borrower and Bank have agreed to renew and modify the debt obligation secured by the Mortgage, as amended, and Borrower, Owner and Bank have agreed to further amend the Mortgage as set forth herein. NOW, THEREFORE, for valuable consideration, including the Bank's agreement to renew the debt obligation secured by the Mortgage, the receipt and sufficiency of which is hereby acknowledged by the Borrower and Owner, the parties hereto agree to further amend the Mortgage as follows: The "Maximum Lien" of the Mortgage is hereby declared to be $1,328,552.04, together with all interest and other costs, fees and expenses allowed by the Mortgage and the Note. The term "Note" as defined in the Mortgage is deleted and the language below is substituted: {00093162.DOC RECEIVED 2/14/2013 at 10:42 AM RECEIVING 969491 BOOK: 804 PAGE: 611 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Note. The word "Note" means the promissory notes number A- 2467837675- 18, A- 2467837675 -26, B- 8971688322 -18 and B- 8971688322 -26, in the total aggregate original principal amounts of $2,645,618.30, together with all renewals of, extensions of, modifications of, refinancing of, consolidations of, and substitutions for the promissory note(s) or agreement(s), each or collectively, which includes but is not limited to that Consolidation of Promissory Notes, Modification to Consolidated Promissory Note dated December 10, 2010, and Third Modification to Consolidated Promissory Note with an Effective Date of June 12, 2012, from Borrower to Bank. Except as expressly set forth herein, all terms and conditions of the Mortgage remain in full force and effect, without waiver or modification. All terms defined in the Mortgage shall have the same meaning when used in this Amendment. Borrower and Owner certify that, notwithstanding the amendments set forth herein, all of the real property encumbered by the Mortgage securing the Note shall remain subject to the lien, charge or encumbrance of the Mortgage or other document pursuant to which such lien, charge or encumbrance is created, and nothing contained herein or done pursuant hereto shall affect or be construed to affect the priority of the lien, charge or encumbrance of the Mortgage. This Second Amendment may be executed in counterparts, each of which shall be deemed an original and together which shall constitute one Second Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the day and year first written above. [SIGNATURE PAGES FOLLOW] 2 6.x,9 STATE OF P O t ss. COUNTY OF i l k g S)) This instrument was acknowledged before me on re- b l 2011, by James H. Dorsey, III. SEAL (if any) -s" 't U G Notary ublic My commission expires: /0/ P STATE OF O1 e) ss. COUNTY O Fc+m This instrumen was acknowledged before me on re-1; 2013, by James H. Dorsey, III, as t..nid&x;f of Palisades Vistas, LLC. SEAL (if any) My commission expires: otary ublic 6 /c ?/3-0 3 006 620361111113 P. CEROLA Notary Public $taN of Fforidt My Comm. Espial WS, 2011 Commission 9 EE 130067 Bonded T mu h Naboul Nobly Aeon. 120RB1ANNA P CEROLA Notary Public 51No of Florida My Comm. Wires Oct 25. 2016 Commission 9 EE 636567 Bonded Tim* Wised Noisry Assn. WELLS FARGO' BANK, N.A. By: Name: Title: STATE OF Neb ss. COUNTY OF DU .o This instrument was acknowledged before me on 6_06 by 7cPirlid Ukrsc. re as \Art P j (te, y 1- of Wells Fargo Bank, N.A., a nat nal bank association. SFAI (if a ny) GENERAL NOTARY-State of Nebraska IMELINAARROYO My Comm. Exp. AprII 12, 2016 My commission expires: 4 Notary Public /0-, '91) f(0 tritY6 1.