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HomeMy WebLinkAbout886426RECORDATION REQUESTED BY: The Jackson State Bank & Trust Main Office P.O. Box 1788 112 Center Street Jackson, WY 83001 WHEN RECORDED MAIL TO: The Jackson State Bank & Trust Main Office P.O. Box 1788 112 Center Street Jackson, WY 83001 SEND TAX NOTICES TO: The Jackson State Bank & Trust Main Office P.O. Box 1788 112 Center Street ,Jackson, WY 83001 · ... :....,: SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY 'MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated November 20, 2002, is made and executed between Robert William Akers, a married man, whose address is 1116 Flormann Street, Rapid City, SD 57701 (referred to below as "Grantor") and The Jackson State Bank & Trust, whose address is P.O. Box 1788, 112 Center Street, Jackson, WY 83001 (referred to below as "Lender"). MORTGAGE. Lender and Grantor have entered into a Mortgage dated March 15, 1996 (the "Mortgage") which has been recorded in Lincoln County, State of Wyoming, as follows: Mortgage recorded April 3, 1996 in Book 381 Page 824 No. 817711. Mortgage Extension Agreement recorded April 5, 1999 In Book 428 Page 241. Mortgage Extension Agreement recorded January 26, 2000 in Book 440 Page 800. - REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Lincoln County, State of Wyoming: .. See EXHIBIT "A", which is attached to this Modification and made a part of this Modification as if fully set forth herein. The Real Property or its address is commonly known as 74 Hokenson Street, Thayne, WY 83127. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: The maturity date Is hereby extended to November 20, 2005. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable In accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the "Note"). It Is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Note, Including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED NOVEMBER 20, 2002. GRANTOR: ya Akers, Individually INDIVIDUAL ACKNOWLEDGMENT ) COUNTY OF ..... ) On this day before me, the undersigned Notary Public, personally appeared Robert William Akers and-~y~a--~aet,e, to me known to be the individuals described In and who executed the Modification of Mortgage, and acknowledged that they signed the Modification as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given uq.dler my hand and o __ day of . . . . Notary Publlc ln and for the State of '~1,~ ~f-/~ Mycommlsslonexplr~s /~t~/~/'~_J4C/f.. ':~ State of South Dakota Loan No: 26203 M3 MODIFICATION OF (Contin uedM)O RTGAG ~[)~ ~z~ Page 2 LENDER ACKNOWLEDGMENT Onthis :~ dayof--- ~ndkn '~e'~~ '20 O~,bef~eme,~eundersign~dN°ta~P~[c, personally appear~ ~1'[ I~Z~/~4~ . own to me to be the ~~/~ ~ L~/~ ~'~ ~ 4, authorized agent for the Lender that e~ecuted the within and foregoing Instrument and aoknowledged said instrument to be the free and volunta~ act and deed of the said Lender, duly authorized by the Lender through its board of dir~tors or othe~ise, for the uses and purposes therein mentionS. and on ~h stated that he e~she is authorized to excite this said instrument and that the seal affix~ Is the corporate seal of said Lender. Notary Public in ~r theState of ~;O~./~a My commission expir~ ~ --[ ~ -- O'G t..J y EXttlBIT ~A ' RE: ROBERT WILLIAM AKERS A PORTION OF THE SE1/4 OF THE SE1/4 OF SECTION 23, T34N, Rl l9W, 6TH P.M., LOCATED SOUTHEAST OF THAYNF., LINCOLN COUNTY, WYOMING AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SECTION 23; THENCE S89°09'55"W, 1312.628 FEET TO THE SOUTHWEST CORNER OF SAID SE1/4 OF THE SEI/4; THENCE NO°56'09"W, ALONG THE WESTERLY LINE OF SAID SE1/4 OF THE 'SE1/4, 894.94 FEET TO THE CENTER OF A ROAD; THENCE EASTERLY' ALONG SAID ROAD THE FOLLOWING COURSES AND DISTANCES: S18°06'29"E, 223.86 FEET, S25° 36'57"E, 251.596 FEET, S43°25'59"E, 91.84 FEET, S83° 36'15"E, 200.88 FEET, N82°21'25"E, 144.83 FEET, N58°05'lg"E, 325.757 FEET, N87°21'33"E, 263.719 FEET, S49°50'59"E, 193.276 FEET AND S79°24'52"E, 51.182 FEET TO THE EAST LINE OF SAID SECTION 23; THENCE SO°55' 19"E, ALONG LAST'SAID SECTION LINE, ~.~.~, .095 FEET TO THE POINT OF BEGINNING