HomeMy WebLinkAbout907142 RECEIVED 3/18/2005 at 10:56 AM
RECEIVING # 907142
BOOK: 581 PAGE: 125
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MODIFICATION OF PROMISSORY NOTE #108496 AlqD MORTGAGE
BORROWER LENDER
Alan W. Maki
Ann W. Maki
8200 Ginami Circle
Anchorage, AK 99516
The Bank of Jackson Hole
990 W. Broadway
P.O. Box 7000
Jackson, Wy 83002
Address of Real Property: 588 McNeel Road, Alpine, WY
THIS MODIFICATION OF PROMISSORY NOTE AND MORTGAGE, dated ~he
7th day of March, 2005, is executed by and between Borrower and
Lender identified above.
A. On January 12, 2004, Lender made a loan ("Loan #108496")
to Borrower evidenced by Borrower's promissory note ("Note")
payable to Lender in the original principal amount of
$1,106,000.00, which Note was secured by a Mortgage executed by
mortgagor for the benefit of Lender covering the real property
described 'on Schedule A below and recorded as Document No. 896801
with filing date January 24~ 2003 in Book 546 at page 612 in
Lincoln County, WY and all Modifications of record. The Note and
Mortgage and. any 'other related documents are hereafter
cumulatively referred to as the "Loan Documents."
B. The parties have agreed to Modify the Note and it is
necessary to provide for a similar Modification of Mortgage. The
parties agree as follows:
1. The maturity date of the Note shall remain July 12, 2005
at which time all outstanding sums due to the Lender under
the Note shall be paid in full.
2. The parties acknowledge and agree that the current
principal balance of the loan is $1,051,526.50 and that
the interest balance as of March 15, 2005 is 5,401.10 due
and payable at the time of this modification.
3. The parties acknowledge and agree to increase the amount
of the loan by $55,300.00, to a total of $1,164,575.00.
4. Borrower agrees to pay a Loan Fee of $276.50, a recording
fee of $14.00 and a FedEx Fee of $30.00 for a total of
$320.50 at the time of this modification.
5. The next interest payment will be due April 15, 2005.
6. Mortgagor represents and warrants that Mortgagor owns the
property, free and clear of any liens or encumbrances other
than the liens described on Schedule B Below.
7. Except as expressly modified herein, all terms and
conditions of the Loan Documents shall remain in full
force and effect. The parties hereby adopt, ratify and
confirm these terms and conditions as modified.
8. Mortgagor agrees to execute any additional documents which
may be required by Lender to carry out the intention of
this Agreement.. As of the date of this Agreement, there
are no claims, defenses, setoffs or counterclaims of any
nature which may be asserted against Lender by any of the
undersigned.'
Refer to exhibit 'A' which
thereof.
BORROWER
Alan W. Maki
SCHEDULE A
is attached hereto and made a part
SCHEDULE B None
Ann W. Maki
............................... Acknowledgment
State of /~~ )
)SS
County of ~/~ )
This instrument was acknowledged before me this
by Alan W. Maki and Ann W. Maki.
Witness my hand and official seal.
My commission expires:
LENDER
K.M. LeVasseur
Vice President
, 2005
Corporate Acknowledgment
State of Wyoming )
)ss
County of Teton )
On the 16~ day of ~w¢~ , 2005, the foregoing instrument was
acknowledged before me by K.M. LeVasseur, who being by me duly sworn, did
depose and say that she is the Vice President of The Bank of Jackson Hole ,
the corporation described herein and which executed the foregoing; that he/she
knows the seal of said corporation; that the seal affixed to the foregoing is
such corporate seal; that it was so affixed by order of the Board of Directors
of said corporation, and that he/she signed his name thereto by like order.
Witness my hand and official seal.
My commission expires: 01.0~- .ZO0~
0896801
EXHIBIT "A'
; 0127
Pan o( 5<'../on 9, T3dN RI19W of dle 6~h P.M.. Linealn Ceunt¥, Wzomins
l:>¢ing mot: partic"alarly de.~cribed as follow.;:
pcinr Which Ii~ $ 8~"J9'I/~" W, 1249.32 f~t &em ~c Norr~ ldrh ken
co~r b~twe:n S¢=:iom 9 ~d 10 of amd ~6N RI lgw and m~ing
~'59"18" E, 1070 t~et m ti~e West ba~ of ~e Salt River:
iou~w~ along ~id dyer ba~ ~ Mllowi~ courts:
W, 150
280
lO*ll'~O' W, 268.14 f~<
thera~
thence
th~cc~
'thenm~ $ 54'44'41" E, 210.62 fmc to.the W'esr right--of-way line of a s~ foot
ttmn~ southwesterly on a 2L0 foot ndim~ cu~e alo~ ~ dShciof-way 1~,
~.fi7 feet, (long thom bea~ S 2t"Sfi'S3' W, 96.79 fe~):
fl~e~a S 87']0' W, 20~.27 feet;
~ence N 23"24' W. 250
~e N 12" W, 2~0 r~t:
~ence northwardly ~on8 a 885 foo{ radius m~e to the left a ~s~e of 48%3
fern;
N 4~*1¢'20' E, 24.O~
N 42'27'10" E, 112.8
~<~rty ~1o~ a ~33.0 foot ndtus cu~e m ~c lc~ 402.25
along a 3~ foot radim ¢urve (long chord N 12'34'~' E. 425.36 feet) a
dbmme of 472.79 f~C to ~c poet.of begs.
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