Mortgage Amending Agreement

Mortgage Amending Agreement District of Approved as to form – Registrar General – No. 3251164 where an instrument is registered that does not conform with the form of the instrument prescribed by regulation, the Registrar General and the District Registrar disclaim liability for loss resulting from the non-conformance. Manitoba Finance Land Titles THIS AGREEMENT WILL ADD LAND TO THE LAND ALREADY AFFECTED BY THE MORTGAGE BEING AMENDED. THIS AGREEMENT WILL NOT ADD LAND TO THE LAND ALREADY AFFECTED BY THE MORTGAGE BEING AMENDED. MORTGAGE BEING AMENDED IMPORTANT NOTICE: By virtue of Section 194 of The Real Property Act, any statement set out in this document and signed by the party making the statement has the same effect and validity as an oath, affidavit, affirmation or statutory declaration given pursuant to THE MANITOBA EVIDENCE ACT. Mortgage number Date of registration Current affected titles NAME OF PARTIES MORTGAGEE being the registered owner of the Mortgage, and MORTGAGOR Credit Union Limited being the registered owner of the land. COVENANTOR AMENDED TERMS We agree, effective Principal Amount $ Payment Frequency Additional Provisions Interest Rate Next Payment Date , to amend the Mortgage as follows: Calculation % per annum Period Amount New of Each Maturity Payment $ Date Y M D Y M D see schedule The following terms are now incorporated into the Mortgage and are attached for your records: [ strike out inappropriate statement(s) and initial ] 1. The Standard Charge Mortgage Terms (SCMT) presently in effect are replaced with the SCMT filed as Number Name 2. Additional terms attached in schedule(s) By signing this agreement the Mortgagor acknowledges receipt of a copy of these attached terms. This agreement amends and extends the Mortgage; it is not meant to create an entirely new mortgage or to amend or prejudice any rights the Mortgagee may have with regard to any security collateral to the Mortgage or with regard to any other person who has an interest in the within land or in the Mortgage but does not sign this agreement, or the rights of any such person, all of which rights are to continue unaffected by this agreement. All other terms and conditions of the Mortgage shall remain unchanged and in full force and effect. Page 1 of 4 AGREEMENT TO ADD LAND [ set out description of new land to be added ] We agree to vary the description of the mortgaged land to add to the land already affected by the Mortgage, the following additional land: TITLE NUMBER(S) ENCUMBRANCES, LIENS AND INTERESTS [ set out only those interests registered prior to the Mortgage being amended ] see schedule SIGNATURE OF MORTGAGEE [ strike out inappropriate statement(s) and initial ] 1. I am/entitled to be/the owner of the Mortgage of the land. 2. I promise to be bound by all the terms herein. see schedule 3. The registration of this agreement does not contravene the provisions of The Farm Lands Ownership Act because: a) b) c) the within land is not farm land as defined in The Farm Lands Ownership Act. the interest in the farm land is being mortgaged pursuant to a bona fide debt obligation. other (specify section of The Farm Lands Ownership Act) Particulars: Credit Union Limited POA/By-Law Registration # Date Y M D Witness Signature Title Witness Signature Title AFFIDAVIT OF SUBSCRIBING WITNESS (MORTGAGEE) I, of the of in the Province of Manitoba, make oath and say: I am a subscribing witness to this agreement and I was present and saw it executed at by I verily believe that each person whose signature I witnessed is of the full age of majority and is the party of the same name referred to in this agreement. SWORN before me at the in the Province of Manitoba, this of day of ) ) A Commissioner for Oaths in and for the Province of Manitoba My Commission expires Page 2 of 4 SIGNATURE OF MORTGAGOR [ strike out inappropriate statement(s) and initial ] 1. I am/entitled to be/the owner of the land. see schedule 2. As security for the performance of all my obligations herein, I hereby mortgage to the Mortgagee my interest in the land. 3. I promise to pay the principal amount and interest and all other charges and money hereby secured and to be bound by all the terms herein. 4. I acknowledge receipt of a copy of this agreement and all of the terms herein. 5. I am of the full age of majority. 6. The registration of this agreement does not contravene the provisions of The Farm Lands Ownership Act because: a) the within land is not farm land as defined in The Farm Lands Ownership Act. b) the interest in the farm land is being mortgaged pursuant to a bona fide debt obligation. c) other (specify section of The Farm Lands Ownership Act) Particulars: 7. My co-mortgagor is my spouse or common-law partner and no other person has homestead rights in the land. 8. The person who has consented to this agreement is my spouse or common-law partner and no other person has homestead rights in the land. 9. Date 10. Y M D Witness Name Signature Witness Name Signature Witness Name Signature SIGNATURE OF COVENANTOR 1. I acknowledge receipt of a copy of this agreement and all of the terms herein. 2. I agree to perform my obligations herein. see schedule Y Witness Name Signature Date M D Witness Name Signature AFFIDAVIT OF SUBSCRIBING WITNESS (MORTGAGOR/COVENANTOR) I, of the of in the Province of Manitoba, make oath and say: I am a subscribing witness to this agreement and I was present and saw it executed at by I verily believe that each person whose signature I witnessed is of the full age of majority and is the party of the same name referred to in this agreement. SWORN before me at the of ) in the Province of Manitoba, this day of ) A Commissioner for Oaths in and for the Province of Manitoba My Commission expires: Page 3 of 4 HOMESTEADS ACT CONSENT TO DISPOSITION AND ACKNOWLEDGEMENT [ Note: For consent by widow(er) or surviving common-law partner, see section 22 of The Homesteads Act ] I, the spouse or common-law partner of the Mortgagor, consent to the disposition of the homestead effected by this agreement and acknowledge that: 1. I am the first spouse or common-law partner to acquire homestead rights in the property; or A previous spouse or common-law partner of the Mortgagor acquired homestead rights in the property but those rights have been released or terminated in accordance with The Homesteads Act. 2. I am aware that The Homesteads Act gives me a life estate in the homestead and that I have the right to prevent this disposition of the homestead by withholding my consent. 3. I am aware that the effect of this consent is to give up my life estate in the homestead to the extent necessary to give effect to this disposition. 4. I execute this consent apart from my spouse or common-law partner freely and voluntarily without any compulsion on the part of my spouse or common-law partner. Date Y M D Name of Spouse or Common-Law Partner Signature of Spouse or Common-Law Partner Name of Witness A Notary Public in and for the Province of Manitoba A Commissioner for Oaths in and for the Province of Manitoba Signature of Witness My Commission expires: Or other person authorized to take affidavits under The Manitoba Evidence Act (Specify) CONSENTS I (We) (name) see schedule ; (mortgage/encumbrance number) ; (name) (mortgage/encumbrance number) ; (name) (mortgage/encumbrance number) 1. have a claim or interest subsequent in priority to the Mortgage; and 2. hereby consent to the registration of this agreement and agree that the Mortgage as amended shall continue to have priority over my claim or interest. Date Y M D Witness Name Signature Witness Name Signature Witness Name Signature Attach affidavit of subscribing witness if the witness is other than an officer as defined in subsection 72(4) of The Real Property Act. AGREEMENT PRESENTED FOR REGISTRATION BY include address, postal code, contact person and phone number FEES CHECKED REFUND AMOUNT Certificate of Registration Registered this date as No. I certify that the within agreement was registered and entered on Title No. For District Registrar MORTGAGE AMENDING AGREEMENT Page 4 of 4