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Home My WebLink About944127 When recorded mail to: Equity Loan Services, Inc. 1100 Superior Avenue, Suite 200 Cleveland, Ohio 44114 Attn: Recording Coordinators RECEIVED 12/11/2008 at 3:02 PM RECEIVING # 944127 BOOK: 711 PAGE: 44 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY é-OÔ'044 [Space Above This Line For Recording Data] 1111111111111111111111 SMURTHWAITE 39218510 Reference Number: 20083087300021 Account number: 117-117-0476536-1XXX SHORT FORM LINE OF CREDIT MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below. The Master Fonn Mortgage includes other defmed words and rules regarding the usage of words used in this document. (A) "Security Instrument" means this document, which is dated DECEMBER 01. 2008, together with all Riders to this document. (B) "Borrower" is STEPHEN K. SMURTHW AITE AND SUSAN J. SMURTHW AITE. TRUSTEES OF THE SMURTHWAITE FAMILY TRUST UNDER TRUST AGREEMENT DATED OCTOBER 16. 2000.. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Wells Fare:o Bank. N.A.. Lender is a National Bank organized and existing under the laws of the United States of America. Lender's address is 101 North Phillips Avenue. Sioux Falls. SD 57104. Lender is the mortgagee under this Security Instrument. (D) "Debt Instrument" means the loan agreement or other credit instrument signed by Borrower and dated DECEMBER 01. 2008. The Debt Instrument states that Borrower owes Lender, or may owe Lender, an amount that may vary from time to time up to a maximum principal sum outstanding at anyone time of, FIFTY THOUSAND AND 001100THS Dollars (U.S. $50.000.00) plus interest. Borrower has promised to pay this debt in Periodic Payments and to pay the debt in full not later than seven (7) calendar days after January 01. 2049. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means all amounts owed now or hereafter under the Debt Instrument, including without limitation principal, interest, any prepayment charges, late charges and other fees and charges due under the Debt Instrument, and also all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT ,ïiiiim1û¡iim-ûmiiIIÜllì2iuïllll (page I of 4 pages) Documents Processed 12-01-2008, 12:27:10 ~ Leasehold Rider ŒJ Third Party Rider ~ Other(s) [specify] (;'Oû045 NIA (H) "Master Form Mortgage" means the Master Fonn Line of Credit Mortgage dated AUlZust 14. 2007, and recorded on AUlZust 30. 2007 as Instrument No. 932651 , Book 670 at Page 599 - 609 of the Official Records in the Office of the Recorder of Lincoln County/City, State of Wyoming. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument :;¡ecures to Lender: (i) the repayment of the Loan, and all future advances, renewals, extensions and modifications of the Debt Instrument, including any future advances made at a time when no indebtedness is currently secured by this Security Instrument; and (ii) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Debt Instrument. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's. successors and assigns, with power of sale, the following described property located in the County [Type of Recording Jurisdiction] of Lincoln [Name of Recording Jurisdiction] LOT 66 OF STAR VALLEY RANCH PLAT 6, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. which currently has the address of STAR VALLEY RANCH [City] 638 VISTA EAST DR [Street] , Wyoming 83127 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." The Property shall also include any additional property described in Section 20 of the Master Fonn Mortgage. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record as of the execution date of this Security Instrument. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. MASTER FORM MORTGAGE By the execution and delivery of this Security Instrument, Borrower agrees that all of the provisions of the Master Fonn Mortgage are hereby incorporated in their entirety into this Security Instrument. Borrower agrees to be bound by and to perfonn all of the covenants and agreements in the Master Fonn Mortgage. A copy of the Master Fonn Mortgage has been provided to Borrower. WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT ,i.ìllíiimIÎ¡6Îùiiíi1iIIIIII121ImIIIID (page 2 of 4 pages) Documents Processed 12-01-2008, 12;27;10 û00046 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument. and in any Rider executed by Borrower and recorded with it. Borrower also acknowledges receipt of a copy of this document and a copy of the Master Form Mortgage. -Borrower --~ -Borrower For An Individual Acting In His/Her Own Right: State of Wyoming ) County of ) ss ) The foregoing instrument was acknowledged before me by this _day of ,20_, Witness my hand and official seal. Notary Public My Commission Expires: WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT ,iiiíli.Î¡6iii-ûii1illïRlìIIIUmmIIB (page 3 of 4 pages) Docwnents Processed 12-01-2008,12:27:10 ÛOü047 For An Individual Trustee Borrower: ~. . ~. _ ~ 12...~~~ ' , State ofW;<eœi:ftg ) ~~..~~ "'- . ,...4 ss Countyof,~~ ~ The foregoing instrument was acknowledged before me by ~7&fi1~ I<. ~¿(A~Æ·~j.~ ~~ ...¡ ~~<-utL~~;'~ trustee for the trust known as ~ ~~¡'~;'fW~ .~(é...y .,~<;.,,- ¡¡2., ~ , 2(}-.:;7{j- this ¡...¡f-dayof Witness my hand and official seal. I":· SÀ~~;e .- .. COMM. #1620El48 o ' NOTARY PUßLlC-CALlFORNIA g fA a SAN DIEGO COUNTY " o .' Mb~CWMfu~~o~, ~~e:J' I .. _..~œ~4._,i1f.~__ p-... ~ C~~~..·.." Notary Public ~m"1e.\ 6. Flc(tS My Commission Expires: ~.'/,.~ ¡p WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT HCWF#4818-6698-6241 v2 (11/1512008) 11~.III~llnllamllœIWIIIIIIIIB.mlln (page 4 of 4 pages) Documents Processed 12-01-2008, 12:27:10 Reference: 20083087300021 Account: 117-117-0476536-1998 00&048 Wells Fargo Bank, N.A. . THIRD PARTY RIDER THIS THIRD PARTY RIDER is made on DECEMBER 01. 2008 is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned Trustee(s) to secure the Debt Instrument trom STEPHEN K SMURTHW AITE And SUSAN J SMURTHW AITE (individually and collectively referred to as the "Debtor") to Wells Fare:o Bank. N.A. (the "Lender") of the same date and covering the property described in the Security Instrument (the "Property") and located at: 638 VISTA EAST DR. STAR VALLEY RANCH. WYOMING 83127 [Property Address] In addition to the covenants and agreements made in the Security Instrument, the undersigned Trustee(s) and Lender further covenant and agree as follows: With respect to the SMURTHWAITE FAMILY (the "Trust"), the Security Instrument constitutes a third party mortgage/deed of trust and grant of security interest by the undersigned as Trustee(s) of said Trust in the Property to secure the Debt Instrument of the Debtor to the Lender. Consequently, references in the Security Instrument to "Borrower" refer to the undersigned Trustee(s) and the Debtor if the context in which the term is used so requires. Without limiting the generality of the foregoing, the. use of the term "Borrower" in the context of warranties, representations and obligations pertaining to the Property shall refer to the undersigned Trustee(s). The use of the term "Borrower" in the context of the requirements under the Debt Instrument shall refer to the Debtor. Except with respecfto the obligation(s) of the undersigned as individuals, and not as Trustee(s), with respect to the Debt Instrument be.fore the date fIrst set forth herein above and the obligation(s) of the undersigned as individuals with respect to the Debt Instrument prior to the transfer of the Property into the Trust, the Trust and the undersigned, as Trustee(s), are not liable for the debt evidenced by the Debt Instrument and are a party hereunder only insofar as their interest in the Property is made subject to the Security Instrument. Further, revocation of the Trust, 'transfer of the Property by the Trust, or death of any Debtor shall constitute an event of default under the Security Instrument. By signing below, the undersigned Trustee(s) accept(s) and agree(s) to the terms and provisions contained in this Third Party Rider. Attach this Rider to the Security Instrument before Recording 3"1 Party Rider, HCWF#132.vI0 (11115/2008) 1IIIIIIII011IgIIIIIIIIIIIIIIIIIIIIII 1/1 Documents Processed 12-01-2008, 12:27:10