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HomeMy WebLinkAbout9737353L' Lincoln County, Wyoming RECEIVED 1 0/16/2013 at 2:22 PM RECEIVING 973735 BOOK: 822 PAGE: 444 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AMENDMENT TO MORTGAGE, FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTS 04 from SBA MONARCH TOWERS III, LLC, a Delaware limited liability company, Mortgagor to DEUTSCHE BANK TRUST COMPANY AMERICAS, as trustee, Mortgagee DATED AS OF APRIL 18, 2013 BUT EFFECTIVE AS OF THE DATE OF THE ORIGINAL MORTGAGE THIS INSTRUMENT IS TO BE INDEXED AS BOTH A MORTGAGE AND AS FINANCING STATEMENT FILED AS A FIXTURE FILING Prepared by, recording requested by, and when recorded, please return to: Dee Ott, Recording Clerk SBA Network Services, LLC 5900 Broken Sound Parkway, NW Boca Raton, Florida 33487 800 487 -7483 AMENDMENT TO MORTGAGE, FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTS 0445 THIS AMENDED TO MORTGAGE, FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTS, dated as of April 18, 2013 is made by SBA MONARCH TOWERS III, LLC, a Delaware limited liability company "Mortgagor whose address is c/o SBA Telecommunications, LLC, 5900 Broken Sound Parkway, Boca Raton, Florida 33487, to DEUTSCHE BANK TRUST COMPANY AMERICAS, as trustee, as lender under the Loan Agreement referred to below (in such capacity, "Mortgagee which term shall be deemed to include successors and assigns as holder of this Mortgage), whose address is 60 Wall Street, New York, New York, Attn: TSS- Alternative and Structured Finance Services. References to this "Mortgage" shall mean the original mortgage described below as amended by this instrument and any and all renewals, modifications, amendments, supplements, restatements, extensions, consolidations, substitutions, spreaders and replacements of this instrument. Background A. Mortgagor is the owner of (i) the fee simple estate in the parcel(s) of real property, if any, described on Schedule A attached (the "Owned Land and /or (ii) a leasehold estate or easement interest in the parcel(s) of real property, if any, described on Schedule B -2 attached (the "Leased Land the Owned Land and the Leased Land are sometimes referred to herein collectively as the "Land pursuant to the agreement(s) described on Schedule B -1 attached hereto (as the same may be amended, supplemented or otherwise modified from time to time with the prior written consent of Mortgagee, the "Mortgaged Lease and, other than buildings, improvements, structures and fixtures owned by lessees under Leases (as defined below), owns, leases or otherwise has the right to use all of the buildings, improvements, structures and fixtures now or subsequently located on the Land (the "Improvements the Land and the Improvements being collectively referred to as the "Real Estate B. Mortgagor, Mortgagee and others are parties to that certain Amended and Restated Loan and Security Agreement dated as of November 18, 2005 originally entered into among SBA Properties, Inc., as initial borrower "Initial Borrower any additional borrower or borrowers that become a party thereto and SBA Depositor LLC "Depositor as lender (LaSalle Bank National Association "Prior Trustee was the successor in interest to the named lender, and Mortgagee is the successor in interest to the Prior Trustee), as amended pursuant to that certain First Loan and Security Agreement Supplement dated as of November 18, 2005 between Initial Borrower and Depositor, as further amended pursuant to that certain Second Loan and Security Agreement Supplement and Amendment dated as of November 6, 2006 among Initial Borrower, the Additional Borrowers party thereto, and Midland Loan Services, Inc., as Servicer on behalf of the Prior Trustee, as further amended by the Third Loan and Security Agreement Supplement and Amendment dated as of April 19, 2010 among Initial Borrower, the Additional Borrowers party thereto, and Midland Loan Services, Inc. as Servicer on behalf of the Mortgagee, as trustee, as further amended by the Fourth Loan and Security Agreement Supplement and amendment dated as of April 19, 2010 among Initial Borrower, the Additional Borrowers party thereto, and Midland Loan Services, Inc., as Servicer on behalf of Mortgagee, as trustee, and as further amended by the Fifth Loan and Security Agreement Supplement and Amendment dated as of August 9, 2012 among Initial Borrower, the Additional Borrowers party thereto, and Midland Loan Services, Inc., as Servicer on behalf of Mortgagee, as trustee, and as further amended by the Sixth Loan and Security Agreement Supplement and Amendment dated as of April 18, 2013 among Initial Borrower, the Additional Borrowers party thereto, and8 Midland Loan Services, Inc., as Servicer on behalf of Mortgagee, as trustee, and as further amended by the Seventh Loan and Security Agreement Supplement and Amendment dated as of April 1, 2013 among Initial Borrower, the Additional Borrowers party thereto, and Midland Loan Services, Inc., as Servicer on behalf of Mortgagee, as trustee (as amended and as the same may be further amended, supplemented, restated, replaced, substituted or otherwise modified from time to time, the "Loan Agreement The terms of the Loan Agreement are incorporated by reference in this Mortgage as if the terms thereof were fully set forth herein. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Loan Agreement. C. Pursuant to the Loan Agreement, the Mortgagee has agreed to make and continue loans to Mortgagor upon the terms and subject to the conditions set forth therein. D. It is a requirement under the Loan Agreement that Mortgagor shall have executed and delivered a Mortgage to Mortgagee, which Mortgage has previously been recorded against the Mortgage Property described herein in the records of the office of the County Clerk and ex- officio Register of Deeds in and for the county(ies) where the Mortgage Property is located, which Mortgage is more particularly described on Schedule I attached hereto. E. The amount of the total indebtedness to be advanced under the Loan Agreement and secured by the Mortgage Property is being increased and this Mortgage is being given and recorded in order to reflect the additional total indebtedness secured hereby. F. The parties intend that the priority date of this Mortgage shall relate to the recording date of the previously recorded Mortgage. NOW, THEREFORE, in consideration of the premises and to induce the Mortgagee to make and continue the loans to the Mortgagor under the Loan Agreement, Mortgagor hereby amends the Mortgage as follows: The total indebtedness secured by the Mortgage is $3,170,000,000.00, plus interest attorney's fees, and other cost and expenses recoverable or changeable under this Mortgage and/or the Loan Documents together with any other debt or debt or liability now or hereafter owed by the Mortgagor to the Mortgagee, even if the total indebtedness exceeds 3,170,000,000.00. If not previously accelerated as permitted in the Loan Documents, the indebtedness matures on April 20, 2048 unless the maturity date is later extended with the written agreement of the Mortgagee. Mortgagor hereby reaffirms, restates and by this reference incorporates herein all terms and provisions of the Mortgage as amended herein. ©446 IN WITNESS WHEREOF, the undersigned Mortgagor has executed this Mortgage effective as of the date first above written. STATE OF FLORIDA )ss.: COUNTY OF PALM BEACH ...eels STACEY NICOLE LANE r_ MY COMMISSION DD 993060 EXPIRES: June 15, 2014 �,p Bonded 7hru Notary Public Underwriters (SEAL) My Commission Expires: SBA MONARCH TOWERS III, LLC, a Delaware ACKNOWLEDGMENT I, the undersigned, a Notary Public in and for said County, in said State, hereby certify that Joshua Koenig, whose name as Vice President of SBA Monarch Towers III, LLC, a Delaware limited liability company, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this date that, being informed of the contents of said instrument, he, as such officer and with full authority, executed the same voluntarily for and as the act of said company. Given under my hand and seal on this the 15 day of April, 2013. Notary PublD 0 State of County of NOTARY PUBLIC NEW YORK NEW YORK) ss.: DEUTSCHE BANK TRUST COMPANY AMERICAS, as trustee By: Name: Title: DEUTSCHE BANK TRUST COMPANY AMERICAS, as trustee By: Name: Title: WIWAM SCHWERDTMAN ASSOCIATE MARK ESPOSITO ASSISTANT VICE PRESIDENT UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT On the l O day of April in the year 2013 before me, the undersigned, personally appeared William Schwerdtman, Associate personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. DIANA E. VASCONEZ NOTARY Pf IBLIC, STATE OF NEW YORK Registration No, OIVA6228707 Qualified in New York My Comm. Exp. Oct. 12 04 UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT State of NEW YORK County of NEW YORK )ss.: On the l B day of April in the year 2013 before me, the undersigned, personally appeared Mark Esposito, AVP personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. OTARY PUBLIC DIANA E. VASCONEZ NOTARY PUBLIC, STATE OF NEW YORK Registration No. 01 VA 6228707 Qualified in New York Co ty My Comm. Exp. Oct. 12,� 0 4 4 9 The following Security Instruments are recorded in all public records of County: Lincoln State: WY Site Code: WY42086 -A SCHEDULE I Security Instruments A. Mortgage, Fixture Filing and Assignment of Leases and Rents Grantor /Trustor /Mortgagor: SBA Monarch Towers III, LLC Grantee /Trustee /Mortgagee: Deutsche Bank Trust Company Americas Dated: August 9, 2012 Recording Information: 11/14/2012 bk: 798 pg: 149 receiving 967944 0450 Schedule B -2 Leasehold Interest R IM* f f i Wand Wl tda quilt m Caudy enios, I n t fcl6a deonwolporalo uAiii AND min x parcel Oland commit Ado R. hin7fR ood Polddil Montt lo Manly :MI rooted Job 34,191`t' in Soak 138PRon pao IN of rota* if Liawta Cool* Cleat. 4 1LI AND BXC T:II pond of be: Nemo 3'. Omani Now Conan lbWnrialI1 Dot N tbdlifovorthr1t,t981In1104 1041+RenMOO ofLlnaalnConkfty Oat. ,d,140,.ti.rtts AND tlfaIl *pant of lurid amitertillo 0004,104Milhatatf node midIeauery 9, Boo wilraolk?a R elt per elorroarittorLigeoln ContCtxt .4u% WS AND Mg art a pore lof load word rd f v d Hands m,Ir. e�f 1&tWlr lrAso84drt le IVort+l4 Deed tt ordta two ,1994 4k Book 3121 map 131 otroo ds of tined' Coot OA, ALS0,,1266 At l imcn T a gaTal of kold n* to MAW 1, Garth Doti !tIurMIA Oarett Worn* Nod woad Arlluli 35,1913 10 OA 101PRnik MO I% of win* d tJ,vom Cbaety ALA L 1 SS AND EXU K Kai of lured aot11144te iitektn D Aid tied Doom Rada to Wars rtty flowtonlr4 Apra II, jlnlr >kaf $411iRowpgt133 of DOA C p+drtlrrdarrdk AI'Q►Q LMS BXCDF1 a pared eland oaoTvyrfd to 1Yllltird 1ClN ar dtb mi kw+ril k snilh lt} W rinty Dos rotordrdMg1J, 1194f o Sot MO RNpip VI as4 (o Qillelatat Dui rraardedJanuary 9 1935leendo341l 'R4n pap Mid Tondo Ahab Doti at* Ati* w AND t garta Wall ai Ind aonrrtrdid OW* W. SIX* kAileena $.8M,drt%Tomtur .L9 1Vr oof Deed recorded Odobet 13, 101 BnekX111'R on me 31i drew& of LlnrUfqCavity Gook. WY42086 -A /AFTON -RICH 0451