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HomeMy WebLinkAbout947804After Recording Return To: Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC B6955-013 Billings, MT 59107-9900 RECEIVED 6/17/2009 at 11:43 AM RECEIVING # 947804 BOOK: 725 PAGE: 568 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0VI- 568 [Space Above This Line For Recording Data] Reference Number: 20091197600061 Account number: 654-654-3803137-1XXX SHORT FORM LINE OF CREDIT MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below. The Master Form Mortgage includes other defined words and rules regarding the usage of words used in this document. (A) "Security Instrument" means this document, which is dated MAY 28, 2009, together with all Riders to this document. (B) "Borrower" is DAVID W. CURRIE AND PAULA D. CURRIE TRUSTEES OF THE PAULA D. CURRIEREVOCABLE TRUST, DATED MAY 29. 2008, AND ANY AMENDMENTS THERETO. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Wells Fargo 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 MAY 28, 2009. 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 any one time of, FIFTY-ONE THOUSAND AND 00/100THS Dollars (U.S. $51,000.00 ) 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 June 28, 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 (page I of 4 pages) 111111111 6i~vi~an2i 102/2 R1,iii llip Documents Processed 05-28-2009, 10:44.24 /W Leasehold Rider FX Third Party Rider Other(s) [specify] N/A (H) "Master Form Mortgage" means the Master Form Line of Credit Mortgage dated August 14, 2007, and recorded on August 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 of [Type of Recording Jurisdiction] Lincoln [Name of Recording Jurisdiction] THE FOLLOWING DESCRIBED REAL ESTATE, SITUATE IN THE COUNTY OF LINCOLN, STATE OF WYOMING, TO-WIT: LOT 1, ASPEN HILL SUBDIVISION, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE LINCOLN COUNTY CLERK, KEMMERER, WYOMING. which currently has the address of ALPINE , Wyoming [City] 644 ASPEN HILL DRIVE [Street] 83128 ("Property Address"): [Zip Code] 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 (page 2 of 4 pages) i11sie1111 i~w~i1a11'1191111 Documents Processed 05-28-2009, 10:44:24 A`I C1570 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 1oft i document and a copy of the Master Form Mortgage. DAVID W CURRIE, TRUSTEE OF THE PAULA D CURRIE REVOCABLE TRUST -Borrower PAULA D CURRIE, TRUSTEE OFT E PAULA D CURRIE REVOCABLE TRUST -Borrower For An Individual Acting In His/Her Own Right: State of Acs County of h-/' V\ C.01 L-- This instrument was acknowledged before me on % / `CC LT 0 c/' (date) by l ( 0, Ctt r y' r '-,f Q tk d 13C_ u ~ Cc C d_( V y (,z_ (name(s) of persons). ECLAUMA ANQEk0h! roty Public om County Wyoming Expires 0 (Seal, if any) WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT HCWF#4818-6698-6241v2 02/21/09 I1IIIAIII~III11111pini'161111 Notary Public My Commission Expires: ~S_ S & l CJ (page 3 of 4 pages) Documents Processed 05-28-2009,10:44:24 V.► tn~4Jr I For An Individual Trustee Borrower: State of _ n 114 r' 111e) County of r ~ICo / t - This instrument was acknowledged before me on y~10 (r / _'206 cZ (date) by DG~ U~ c~ ~Pa Yv r' 0 P~CU !l t (r V 1 Ile_ ~P 4 s f (name(s) of persons) as r Ct P S D-[ 4--A /~f' to ~~r ~G y y "e. ~ e06)12"e 6 (type of authority, e.g. officer, trustee, etc of ~Ct~ fti'~ (name of party on behalf of whom instrument was executed. CLAUDIA AND@ASON ' Notary K blk wvoln County My CommbWciWN E plr (Seal, if any) WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT HCWF#4818-6698-6241v2 02/21/09 111111111/ i11gdl1imil ~klil ~r"GL/C C`G~cGG,u Notary Public My Commission Expires: 5 1,1 a x,76 46 (page 4 of 4 pages) Documents Processed 05-28-2009,10:44:24 Reference: 20091197600061 Account: 654-654-3803137-1998 Wells Fargo Bank, N.A. Y : 5'72 THIRD PARTY RIDER THIS THIRD PARTY RIDER is made on MAY 28, 2009 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 from DAVID W CURRIE And PAULA D CURRIE (individually and collectively referred to as the "Debtor") to Wells Fargo Bank, N.A. (the "Lender") of the same date and covering the property described in the Security Instrument (the "Property") and located at: 644 ASPEN HILL DRIVE, ALPINE, WYOMING 83128 [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 PAULA D CURRIE REVOCABLE TRUST (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 respect to the obligation(s) of the undersigned as individuals, and not as Trustee(s), with respect to the Debt Instrument before 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. .~J., YAVID W CURRIE, TRUSTEE OF THE PAULA D CURRIE REVOCABLE TRUST _42-VOL /0, , 0 ~ I r- ::r PAULA D CURRIE, TRUSTEE OF THE PAUL D CURRIE REVOCABLE TRUST Attach this Rider to the Security Instrument before Recording 1116IW~1111111101~.~OQi11111~11D Documents Processed 05-28-2009,10:44:24