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HomeMy WebLinkAbout944285 OOô529 After Recording Return To: Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC B6955-013 BilJings, MT 59107-9900 RECEIVED 12/22/2008 at 2:20 PM RECEIVING # 944285 BOOK: 711 PAGE: 529 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Line For Recording Data] Re;ference Number: 20082740946560 ACCOWlt number: 650-650-8968539-1XXX SHORT FORM LINE OF CREDIT MORTGAGE DEFINITIONS Words used in multiple sections of this document are defmed below. The Master Form Mortgage includes other defined words and rules regarding the usage of words used in this document. À (A) "Security Instrument" means this document, which is dated DECEMBER 12. 2008, together with all Riders to this document. (B) "Borrower" is DANIEL A VISHON. A SINGLE MAN. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Wells Fareo 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 FaIls. 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 12. 2008. The Debt Instrument states that Borrower owes Lender, or may owe Lender, an amount that may vary ÍÌom time to time up to a maximum principal sum outstanding at anyone time of, TEN THOUSAND AND 00/100THS Dollars (U.S. $10.000.00) plus interest. Borrower has promised to pay this debt in Periodic Payments and to pay the debt in fuII not later than seven (7) calendar days after January 12. 2034. (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 dué under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The foIIowing Riders are to be executed by Borrower [check box as applicable]: i~.~ WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT lïliiìßim1iËÎiijiûmlilllïm~I~luil~II 1 (page I of 3 pages) Documents Processed 12-11-2008,09:24:30 ~ Leasehold Rider ~ Third Party Rider ~ Other(s) [specify] 00&530 N/A (H) "Master Form Mortgage" means the Master Fonn Line of Credit Mortgage dated AUl!ust 14. 2007. and recorded on AUl!ust 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 RlGHTS IN THE PROPERTY This Security Instrument secures 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] SEE ATTACHED EXHmIT which currently has the address of THAYNE [City] 190 LINCOLN LANE [Street] , Wyoming 83127-0000 [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 ofrecord. MASTER FORM MORTGAGE By the execution and delivery of this Security Instrument, Borrower agrees that all of the provisions of the Master Form Mortgage are hereby incorporated in their entirety into this Security Instrument. Borrower agrees to be bound by and to perform all of the covenants and agreements in the Master Form Mortgage. A copy of the Master Form Mortgage has been provided to Borrower. WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT liŒiíiimliiÎÎniûWlimœïúlìliuï~I~1 (page 2 of 3 pages) Documents Processed 12-11-2008.09:24:30 ÜOu531 HOME ASSET MANAGEMENTsMACCOUNT The loan agreement referenced in the above definition of "Debt Instrument" includes any amendments to the Debt Instrument, including the Home Asset ManagemenëM Account Addendum dated the same date as the Debt Instrument. In accordance with the terms of the Debt Instrument, Lender may in its sole discretion periodically offer to increase Borrower's credit limit under the Debt Instrument, subject to the satisfaction of certain conditions. These conditions include, among other things, Borrower's maintenance of a first mortgage loan on the Property with Wells Fargo Bank, N.A. Any such increase in Borrower's credit limit shall increase the maximum principal sum secured by this Security Instrument. Borrower agrees that any future advances made under any credit limit increases shall have the same lien priority as if the future advances were made as of the date of this Security Instrument. Despite any language to the contrary in this Security Instrument, Borrower covenants that the Property is unencumbered, except for a first lien purchase money or refinance of purchase money encumbrance given to Wells Fargo Bank, N.A. 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 ~ID7 ¡;;:¿ _ref Fo~ Mortg.ge. -Borrowcr For An Individual Acting ill HislHer Own Right: State of Wyoming ) , ) ss County of h'\ 1"\(1 0\(\ ) The foregoing ins ,men! was acknowled.ged before me by this ~Uay of\)c¡: ,t.'LÏY\\:)r r ,20&ß Witness my hand and official seal. Ç)Jlli1 $ørcl otary Public My Commission Expires: OJ J 9.1o } 9.0 I ~ , I WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT ,iiiiúiifiÎûùï-¡.iïmlm1ilìinlllll (page 3 of 3 pages) Documents Processed 12-11-2008,09:24:30 ûOû532 Order ID: 5303474 Loan No.: 0179022785 EXHIBIT A LEGAL DESCRIPTION The following described property: All of the S 1/2 NE 1/4 SW 1/4 NE 1/4 of Section 19, T34N R118W of the 6th P.M., Lincoln County, Wyoming being more specifically described as follows: Beginning at a point in the centerline of Lincoln Lane, said point being 660.35 feet, N 89 degrees 36' 02" E and 669.36 feet, N 0 degrees 33' 31" E, from the center 1/4 corner of said Section 19 being the Southwest corner of the Gary Arnold Tract as described in Book 141 PR on Page 399; thence N 0 degrees 33' 32" E, along said centerline, 334.68 feet; thence N 89 degrees 43' 33" E, 660.26 feet to the East line of the SW 1/4 NE 1/4 of said Section 19; thence SO degrees 33' 18" W, along last said East line, 334.20 feet; thence S 89 degrees 41' 02" West, 660.29 feet to the point of beginning. Together with and including all improvements thereon and all appurtenances and hereditaments thereunto belonging. Subject to all Covenants, Conditions, Restrictions, Easements, Reservations, and rights-of-way of sight and/or Record. Assessor's Parcel Number: 3418-191-00-096.00