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HomeMy WebLinkAbout948476RECEIVED 7/22/2009 at 3:30 PM RECEIVING # 948476 BOOK: 728 PAGE: 128 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY A tta. n,., AIT. C9 _%97 9900 AFTER RECORDING, RETURN TO: ' AMERICAN TITLE, INC. P.O. BOX 641010 OMAHA, NE 68164-1010 ATI# QrY0i Q( QC205 ~ [Space Above This Line For Recording Data] Reference Number: 20091537800003 Account number: 654-654-3808227-1XXX 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 JUNE 18, 2009, together with all Riders to this document. (B) "Borrower" is WALTER E. PIERCE AND NANCY L. PIERCE, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES. 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 Phillius 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 JUNE 18, 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, ONE HUNDRED FIFTY THOUSAND AND 00/100THS Dollars (U.S. $150,000.00) 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 July 18, 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 HCWF#4818-6698-6241v2 02/21/09 1111111II11WI1i~ouilliit (page 1 of 3 pages) Documents Processed 06-18-2009, 12:13:59 Leasehold Rider C_):l„29 Third Party Rider /A 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, SITUATED IN LINCOLN COUNTY AND STATE OF WYOMING, TO-WIT: N 1/2 S 1/2 NE 1/4 OF SECTION 13, TOWNSHIP 35 NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING. which currently has the address of ETNA [City] Wyoming [Street] 83118 [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 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. 256 PIERCE DR WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT (page 2 of 3 pages) INIIIIYI111N11111111 I v2 IIII1111 ~G~ill Documents Processed 06-18-2009, 12:13:59 ; 0613 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. E X V 1 -Borrower -Borrower For An Individual Acting In His/Her Own Right: State of WO ' X) i County of U (1Cn) n This instrument was acknowledged before me on & I I 13q (date) by ( I )(`~j P-(- ( Cj (name(s) of persons). JENMF T Notary Public Lincoln County ftoming My Commission Expires e/anl 10 (Seal, if any) Pu My Commission Expires: Q/ WYOMING-SHORT FORM OPEN-END SECURITY INSTRUMENT HCWF#4818-6698-6241v2 02/21/09) I1IIGI1III1llii~l~ll~1111111111111 (page 3 of 3 pages) Documents Processed 06-18-2009, 12:13:59