HomeMy WebLinkAbout944935
After recording, return recording
information to:
American Title, Inc.
PO Box 641010
Omaha, NE 68164-1010
11' lOO~ (2) II Z.5~
RECEIVED 1/28/2009 at 3:26 PM
RECEIVING # 944935
BOOK: 713 PAGE: 893
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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[Space Above This Line For Recording Data]
Reference Number: 20083259500018
Account number: 650-650-9003476-1XXX
SHORT FORM LINE OF CREDIT MORTGAGE
DEFJNITIONS
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 JANUARY 12. 2009, together with all Riders to
this document.
(8) "Borrower" is STEVE HARTWELL AND JAYNE E. HARTWELL. WHO ACQUIRED TITLE AS
STEVE HARTWELL AN JAYNE HARTWELL. HUSBAND AND WIFE. AS TENANTS BY THE
ENTIRETIES. Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is Wells Far\!0 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
JANUARY 12. 2009. The Debt Instrument states that Borrower owes Lender, or may owe Lender, an amount that
may vary ftom time to time up to a maximum principal sum outstanding at anyone time of, TWENTY-FIVE
THOUSAND AND 00/100THS Dollars (U.S. $25.000.00) 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 davs after Februarv 12.2049.
(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
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~ Leasehold Rider
~ Third Party Rider
~ Other(s) [specify]
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N/A
(II) "Master Form Mortgage" means the Master Form Line of Credit Mortgage dated AU2ust 14. 2007, and
recorded on AU2ust 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 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 performance 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 k
AFTON
[City]
680 JACKSON STREET
[Street]
, Wyoming 83110 ("Property Address"):
[Zip Code]
which currently has the address of
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 Form 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 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
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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 co of the Master Form Mortgage.
-Borrower
-Borrower
For An Individual Acting In HisIHer Own Right:
State of Wyoming )
County of U nGú\ h
) ss
)
instrument was acknowledged before me by
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this ~day of .;ytii VUA IÃ. ~' 20QQ
Witness my hand and official seal.
MINDY LYMAN NOTARV PUBLIC
COUNTY OF . STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES FEBRUARY 1,2011
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"'Notary Public .
My Commission Expires: Z '-l - 2.0 t ,
WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT
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EXHIBIT A
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Reference: 20083259500018
Account: 650-650-9003476-1998
Legal Description:
THE FOLLOWING DESCRIBED REAL ESTATE: THE FOLLOWING
DESCRIBED REAL ESTATE, SITUATE IN LINCOLN COUNTY AND STATE
OF WYOMING, HEREBY RELEASING AND WAIVING ALL RIGHTS UNDER
AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE STATE
TO WIT: THAT PART OF THE HASTINGS ANNEXATION TO THE TOWN
OF AFT ON, WITHIN THE NWl/4NWl/4 OF SECTION 31, T32N R118W,
LINCOLN COUNTY, WYOMING, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT AN EXISTING FENCE CORNER ON THE SOUTH LINE OF
THE ROBERTS TRACT, S 52 DEGREES - 08.5 MINUTES E. 1003.02 FEET
FROM THE NORTHWEST CORNER OF SAID SECTION 31, FOUND AS
DESCRIBED ON THE CERTIFIED LAND CORNER RECORDATION
CERTIFICATE OR RECORD IN THE OFFICE OF THE CLERK OF LINCOLN
COUNTY; THENCE N 89 DEGREES - 55 MINUTES E, 143.97 FEET (151.9 FEET
RECORD) ALONG SAID SOUTH LINE TO AN INTERSECTION POINT WITH
THE WEST RIGHT-OF-WAY LINE OF HASTINGS LOOP ROAD; THENCE S
02 DEGREES -13 MINUTES W, 94.28 FEET (90.75 FEET RECORD) ALONG
SAID WEST RIGHT-OF-WAY LINE TO THE NORTHEAST POINT OF THE
CLAIR NORTON TRACT; THENCE N 88 DEGREES - 30.5 MINUTES W, 143.15
FEET(152.5 FEET RECORD FOR THE LINE L YING SOUTHERLY 15.50 FEET
OF THE RECORD TRACT) ALONG THE NORTH LINE OF SAID CLAIR
NORTON TRACT AND ALONG AN EXISTING FENCE IN PART TO AN
EXISTING FENCE CORNER; THENCE N 01 DEGREES - 46 MINUTES E, 90.31
FEET (90.75 FEET RECORD) ALONG AN EXISTING FENCE LINE COMMON
TO THE EAST LINE OF THE RICK GARDNER AND ERVIN KILBURN
TRACTS TO THE POINT OF BEGINNING.
Exhibit A, CDP.VI 07/2004
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