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HomeMy WebLinkAbout905104MODIFICATION OF PROMISSORY NOTE #1114880 AlqD MORTGAGE BORROWER Danny A. Durante P.O. Box 7611 Jackson, WY 83002 LENDER The Bank of Jackson Hole 990 W. Broadway ~.O. Box 7000 Jackson, Wy 83002 Address of Real Property: 1223 Saddle [1~ ive, Etna, WY 83118 THIS MODIFICATION and EXTENSION OF PROMISSORY NOTE AND MORTGAGE, dated the 3rd day of December, 2004, is executed by and between Borrower and Lender identified ~}~ove. A. On October 26~ 2004, Lender m.~]e a loan ("Loan #111488") to Borrower evidenced by Borrower's [:~romlssory note ("Note") payable to Lender in the original pril~(-~[~al amount of one-hundred and seventy thousand dollars and no/100 ($173,000.00), which Note was secured by a Mortgage executed by r~,, ~:gagor for the benefit of Lender covering the real property des~'~ i~ed on Schedule A below and recorded as Document No. 904214 Fi 1 i~]g date November 1~ 2004 in Book 0571 at page 0249 in Lincoln County, WY. The Note and Mortgage and any other related {ocuments are hereafter cumulatively referred to as the "Loan Do~]ments." B. The parties have agreed to modify and extend the Note and it is necessary to provide for a ~J. milar modification and extension of Mortgage. The parties agre~ ~s follows: 1. The parties acknowledge and ag~-~-~e thaE, as of December 3, 2004, the unpaid principal balan~':e on this line of credit of $173,000.00 is $11,336.14. 2. The promissory note and mortga]e will be increased by $20,000.00, from $173,000.00 to $193,000.00 to provide an Irrevocable Letter of Credit #1114880. 3. Mortgagor represents and warra~,~:s thaE Mortgagor owns the property free and clear of any ]~ens or encumbrances other than the liens described on Sch~ {ule B Below. 4. Except as expressly modified herein, all tez~ns and conditions of the Loan Documents shall remain in full force and effect. The parties hereby adopt, ratify and confirm these terms and conditi~l~s as modified. 5. Mortgagor agrees to execute any ~ditional documents which may be required by Lender to ca~ry out the intention of this Agreement. As of the date ~f this Agreement, there are no claims, defenses, setof~-s or counterclaims of any nature which may be asserted ao~inst Lender by any of the undersigned. SCHEDULE A Lot 117 of Nordic Ranches Division No.%, Lincoln CounEy, Wyoming, according to that plat filed October 4, ?000 as plat No.312-B SCHEDULE B None RECEIVED 12/9/2004 at 10:44 AM RECEIVING# 905104 BOOK: 574 PAGE: 328 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER WY BO OWER D nowledgmenr State of Wyoming ) )SS County of Teton) The foregoing instrument was acknow]-- ~3ed before me by Danny A. Durante this ~_ day .._~¢ ~ ~,~ Witness my hand and official seal. Notary Public My commission expires: ~-~ LENDER ., HEIDI EVN~. NOTAFh' ~ County O~ ~ State of ~ T~to~ ~? Wyoming ~ Corporate Acknowle~.lgment State of Wyoming ) )ss County of Teton ) On the ko day of/~ .... ~C)~ , the foregoing instrument was acknowled3 ~ before me by K.M. Levasseur, who being by me duly sworn, did de[.~~ and say that she is the Vice President of The Bank of Jackson I{<~],~__, the corporation described herein and which executed the fore3.~-~j; that he/she knows the seal of said corporation; that the seal !fixed to the foregoing is such corporate seal; that it was so ail izod by order of the Board of Directors of said corporation, thereto by like order. Witness my hand and official seal. NOTARY PUBLIC My commission expires: alut thee he/she signed his name