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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 ÜOôS93 [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 iii'iì¡i8mliiôuûï~nâlll~.ïn!ìfiimmIIB (page J of 3 pages) Documents Processed 01-09-2009,10:23:38 ~ Leasehold Rider ~ Third Party Rider ~ Other(s) [specify] ûOv89l~ 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 ïliiiiilli~Ρm¡nilimIÜUlïln.mlll (page 2 of 3 pages) Documents Processed 01-09-2009,10:23:38 00&895 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 1.\1. ' Pøt vlw~ 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 \ )fijy!tIY~G=~J "'Notary Public . My Commission Expires: Z '-l - 2.0 t , WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT lïl¡¡iliÎûi¡ûuïilÍl.nlglllim.~1 (page 3 of 3 pages) Documents Processed 01-09-2009.10:23:38 EXHIBIT A OOô896 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 11m I œ Illmllllllilllll~ ~il~II~111 ~i~" III~III~" 111111 ~II t-\ b'.J. Documents Processed 01-09-2009, 10:23:38