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HomeMy WebLinkAbout969492SECOND AMENDMENT TO MORTGAGE RECITALS OO6 THIS SECOND AMENDMENT TO MORTGAGE (this "Second Amendment is entered into effective as of August 20, 2012 by and between TIKCUF INVESTMENTS, INC. "Borrower and ETNA MEADOWS, LLC "Owner and WELLS FARGO BANK, N.A. SUCCESSOR BY CONSOLIDATION WITH THE JACKSON STATE BANK TRUST "Bank WHEREAS, Bank is the Lender and Borrower is Grantor under a Mortgage dated December 19, 2007, recorded December 20, 2007 in Book 681, Page 708, Receiving No. 935728 of the Lincoln County, Wyoming Clerk and Recorder (the "Mortgage that encumbers the property described in Exhibit "A" hereto (the "Mortgaged Property 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 410, Receiving No. 953804 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 398, Receiving No. 942074 and by a Corrective Quitclaim Deed dated December 3, 2010, recorded December 20, 2010 in Book 759, Page 35, Receiving No. 957229 of the Lincoln County, Wyoming Clerk and Recorder (the "Deeds 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: 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 RECEIVED 2/14/2013 at 10:46 AM RECEIVING 969492 BOOK: 804 PAGE: 615 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY {00093164.DOC OO61( 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 TIKCUF STM INC. STATE OF Flo tr COUNTY OF trn B c ss. This instrument was acknowledged before me on H. Dorsey, III President of Tikcuf Investments, Inc., a Florida corporation. �Y7.�, O� P. CEROLA Notary Pak Matt of Roads Mi Comm. EasNoo Oct;, tote Commission EE i>3556T 0. Rondo Through Nations Notary Assn SEAL (if any) My commission expires: /O/c.* 3 0061 re 6 2013, by James /(e -javzt Notary Public STATE OF Ho Y 6 cu ss. COUNTY OFWilvr;Bakch This instrument was acknowledged before me on re_b 1 2013, by James H. Dorsey, III, as Tre of Etna Meadows, LLC. Notary' ublic My commission expires: /0 7 /90/4 SEAL (if any) ®EOIOiANNA r. MAMA Notary Public 11* of Rona Mr Comm. &pins flat 29. ISIS Commission EE $3659? Bonded Uwe* WINS Nosy Assn. 4 0618 WELLS FARGO BANK, N.A. By: Name: JeraldLundgr Title: Vice Preside STATE OF \lebra4-0 COUNTY OF ss This instrument was acknowledged before me on 20a-2' by Jeral Lundgren, as Vice President of Wel s Fargo national bank association. SEA (if anv1 GENERAL NOTARY-State of Nebraska MEUNA ARROYO My Comm. Exp. April 12, 2016 My commission expires: -0 c90/0 5 Notary Public Exhibit "A" Legal Descriptions 000`x' That part of the Southwest '4 Southeast and that part of the Southwest of Section 11, Township 35 North, Range 119 West, Lincoln County, Wyoming, being part of that tract of record in the office of the Clerk of Lincoln County in Book 194 of Photostatic Records on Page 235 and all that tract of record in Book 588 of Photostatic records on Page 450, described as follows: Beginning at the Southeast corner of said Southwest /a; thence South 89 °52'49" West, 132639 feet along the South line of said Southwest /4, to the Southwest corner of the Southeast Southwest '4 of said Section 11, identical with the Southeast corner of that tract of record in said office in Book 561 of Photostatic records on Page 398; thence North. 00°02'12" West, 981.65 feet, along the West line of said Southeast '4 Southwest ''4 to a Southeast point of said tract in Book 588; thence North 89°39'32" West, 777.60 feet, along the South Iine of said tract, to a point thence North 00°17'11" East, 334.99 feet, along a West line of said tract in Book 588, to a Northwest corner thereof thence North 89 °58'41" East, 46737 feet, along a north line of said tract in Book 588, to a point; thence North 00°21'29" East, 587.52 feet, along a West line of said tract, to a point; thence North 00 02'08 West, 336.49 feet, along said West line, to the Southwest point of the LaDean Clark Tract as depicted on that plat of record in said office as Instrument No. 906091; thence North 89°58'41" East, 304.27 feet, along the South line of said tract, to the Southeast point thereof; thence continuing North 89°58'41" East, 537.62 feet, to a point; thence North 00°02'12" West, .396.59 feet, along a line parallel with the West line of the Northeast ''4 Southwest of said Section 11, to a spike on the North line of said Northeast 1/4 Southwest '''4; thence North 89°55'43" East, 60.0 feet, along said North line, to a spike on the Westerly line of the East Side Canal Company property, as established this survey, thence Southeasterly along said Westerly line; South 09 °54'54" East, 113.86 feet, to a point; South 13 °56'43" East, 63.13 feet, to a point; South 17°27'51" East, 151.12. feet, to a point; South 18 °49'51" East, 134.51 feet, to a point; South 19°17'28" East, 152.03 feet, to a point; South 21°25'05". East, 76.05 feet, to a point; South 24°04'58" East, 70.89 feet, to a point; South 29 °57'45" East, 77.53 feet, to a point South 36 °15'28" East, 72.52 feet, to a point; South' 27 °58'44" East, 63.53 feet, to a point; South 22°26'15" East, 136.36 feet, to a point; South 28 °51'59" East, 161.28 feet, to a point; South 34°02'45" East, 62.66 feet, to a point; South 40°59'09" East, 79.11 feet, to a point; South 34°33'57" East, 95.95 feet, to a point; South 27°09'28" East, 110.65 feet, to a point; South 196'48" East, 58.97 feet, to a point; South 14 °32'53" East, 26.74 feet, to a point; South 19 °15'58" East, 85.33 feet, to a point; South 25 °15'34" East, 71.92 feet, to a point South 32°31'36" East, 232.54 feet, to a point; South 25°21'02" East, 53.41 feet, to a point South .15 °08'59" East, 107.42 feet, to a point; South 29 °06'07" East, 120.85 feet, to a point South 25 °11'25" East, 156.12 feet, to a point; South 31°05'40" East, 158.87 feet, to a point South 28°16'43" East, 140.21 feet, to a point; South 33 °44'49" East, 118.59 feet, to a point on the South line of said Southwest Southeast 'A, and leave said West offset line; thence North 89 °43'34" East 118.59 feet, along the South line of the Southwest ''4 Southeast 'A, to the Corner of Beginning. (0Oe83313.000c 0062 The basis of bearing for this survey is the West line of the Southwest '4 of Section 11, Township 35 North, Range 119 West, Lincoln County, Wyoming, being North 00 West. Together with that right of ingress and egress and utilities over, under and across the north sixty (60) feet of that tract of record in said Office in Book 561 of Photostatic records on Page 398 as described in easement recorded in said office in Book 561 of Photostatic records on Page 846; AND TOGETHER with a right of ingress and egress and utilities over, under and across the East sixty (60) feet of the LaDean Clark Tract as depicted on that plat of record in said Office as Instrument No. 906091; Subject to easements of record; AND Subject to an easement for the Etna Forest County Road 12 -112; each "corner" found as described in the Corner Record filed or to be filed in the office of the Clerk of Lincoln County; each `point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed "SURVEYOR SCHERBEL STD AFTON WY PLS 5368 with appropriate details; Each "spike" marked by a 3/8" X 12" steel spike, referenced by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYORS SCHERBEL LTD AFTON WY PLS 5368, with appropriate details; All in accordance with, the plat prepared to be filed in the office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT AND EASEMENTS FOR DALE S. CLARK AND JANELLE CLARK WITHIN Southwest Southwest '/4 Section 11, Township 35 North, Range 119 West, Lincoln County, Wyoming, dated 11 April 2007, as revised.