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HomeMy WebLinkAbout973553MORTGAGOR: HOUT FENCING OF WYOMING INC A Wyoming Corporation PO BOX 13 I<c WOARLAND, WY 82401 1 SEE EXHIBIT 'A' Parcel ID Number: 21161520702900 RECEIVED 10/3/2013 at 10:26 AM RECEIVING 973553 BOOK: 821 PAGE: 629 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Space Above This Line For Recording Data MODIFICATION OF MORTGAGE Vested as: Hout Fencing of Wyoming, Inc., a Wyoming Corporation 0629 DATE AND PARTIES. The date of this Real Estate Modification (Modification) is September 30, 2013. The parties and their addresses are: LENDER: SECURITY STATE BANK Organized and existing under the laws of Wyoming 201 S 4th St PO Box 531 Basin, WY 82410 1. BACKGROUND. Mortgagor and Lender entered into a security instrument dated August 17, 2012 and recorded on August 30, 2012 (Security Instrument). The Security Instrument was recorded in the records of Lincoln County, Wyoming at Document No. 966531, Book 792, Page 735 and covered the following described Property: The property is located in Lincoln County at 1012 SUBLETTE DR, KEMMERER, Wyoming 83101. 2. MODIFICATION. For value received, Mortgagor and Lender agree to modify the Security Instrument as provided for in this Modification. The Security Instrument is modified as follows: A. Secured. Debt. The secured debt provision of the Security Instrument is modified to read: HOUT FENCING OF WYOMING INC Wyoming Real Estate Modification Initials WY /4XXTAMMYM00000000000665020N Wolters Kluwer Financial Services 1996, 2013 Bankers Systems"' Page 1 (1) Secured Debts and Future Advances. The term "Secured Debts" includes and this Security Instrurner 6 will secure each of the following: (j t 3 (a) Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 24280510, dated August 17, 2012, from Mortgagor to Lender, with a modified loan amount of $372,354.44 and maturing on February 15, 2014. A promissory note or other agreement, No. 21260040, dated January 13, 2012, from Hout Fencing of Wyoming, Inc. (Borrower) to Lender, with a loan amount of $1,500,000.00 and maturing on February 15, 2014. A promissory note or other agreement, No.25369140, dated September 30, 2013, from Hout Fencing of Wyoming, Inc. (Borrower) to Lender, with a loan amount of $1,890,000.00 and maturing on July 10, 2014. (b) Future Advances. All future advances from Lender to Mortgagor under the Specific Debts executed by Mortgagor in favor of Lender after this Security Instrument. If more than one person signs this Security Instrument, each agrees that this Security Instrument will secure all future advances that are given to Mortgagor either individually or with others who may not sign this Security Instrument. All future advances are secured by this Security Instrument even though all or part may not yet be advanced. All future advances are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future advances in any amount. Any such commitment must be agreed to in a separate writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Mortgagor's principal dwelling that is created by this Security Instrument. This Modification will not secure any other debt if Lender fails, with respect to that other debt, to fulfill any necessary requirements or limitations of Sections 19(a), 32, or 35 of Regulation Z. (c) All Debts. All present and future debts from Mortgagor to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Mortgagor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which a non possessory, non purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law governing securities. This Modification will not secure any other debt if Lender fails, with respect to that other debt, to fulfill any necessary requirements or limitations of Sections 19(a), 32, or 35 of Regulation Z. (d) Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 3. CONTINUATION OF TERMS. Except as specifically amended in this Modification, all of the terms of the Security Instrument shall remain in full force and effect. HOUT FENCING OF WYOMING INC Wyoming Real Estate Modification W Y /4XXTAM MYM 00000000000665020N Wolters Kluwer Financial Services 1996, 2013 Bankers SystemsTM Initial Page 2 SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Modification. Mortgagor also acknowledges receipt of a copy of this Modification. MORTGAGOR: HOUT FENCING OF WYOMING INC LENDER: By DAVE IT, President Security State Bank By Ron D Boyd, CEO /CFO 0631 ACKNOWLEDGMENT. STATE OF WYOMING, COUNTY OF WASHAKIE ss. This instrument was acknowledged before me this 30th day of September 2013 by DAVE HOUT as President of HOUT FENCING OF WYOMING INC. My commission expires: 5uYU: 2y :Loci i ERICA HENSEL NOTARY PUBLIC COUNTY OF 1 t. STATE OF BIG HORN .a WYOMING MY COMMISSION EXPIRES JUNE 24, 2017 'HOUT'FENCING OF WYOMING INC Wyoming Real Estate Modification WY /4XXTAMMYM00000000000665020N (Notary Public) Wolters Kluwer Financial Services 1996, 2013 Bankers SystemsrM (Lender Acknowledgment) STATE OF WYOMING, COUNTY OF WASHAKIE ss. This instrument was acknowledged before me this 30th day of September 2013 by Ron D Boyd as CEO /CFO of Security State Bank. My commission expires: ion 2 %7, 00 7DV1 ERICA HENSEL COUNTY OF BIG HORN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES JUNE 24, 2017 HOUT FENCING OF WYOMING INC Wyoming Real Estate Modification W Y /4XXTAM MYM00000000000665020N (Notary Public) Wolters Kluwer Financial Services ©1996, 2013 Bankers SystemsrM Initial 0632 Page 4 Exhibit `A' Lot 28 in the Kemmerer Industrial Park No. 1, located in the City of Kemmerer, Lincoln County, Wyoming, filed September 4, 1 as Instrument No. 545087 in the office of the Lincoln County Clerk. Attachment to Mortgage executed by Hout Fencing of Wyoming, Inc. on August 17, 2012 0633