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Home My WebLink About950455After Recording Return To: Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC B6955 -013 Billings, MT 59107 -9900 RECEIVED 11/9/2009 at 2:46 PM RECEIVING 950455 BOOK: 735 PAGE: 458 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000458 [Space Above This Line For Recording Data] Reference Number: 20091949700177 Account number: 650 650- 9468513 -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 OCTOBER 19, 2009, together with all Riders to this document. (B) "Borrower" is GLORIA G. FAULKNER AND JOEL K. FAULKNER, CO- TRUSTEES OF THE GLORIA G. FAULKNER TRUST DATED MAY 24, 2001, A ONE -HALF INTEREST; AND JOEL K. FAULKNER AND GLORIA G. FAULKNER, CO- TRUSTEES OF THE JOEL K. FAULKNER TRUST DATED MAY 24, 2001, A ONE -HALF INTEREST, AS TENANTS IN COMMON. 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 OCTOBER 19, 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 November 19, 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 1 of 4 pages) HCWF #4818 6698- 6241v2 02/21/09 III III u11111111111 IIIIII Documents Processed 10-16-2009, 15:45:26 1 X N /A4 Leasehold Rider 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 perforniance 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 Lincoln [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE ATTACHED EXHIBIT which currently has the address of 94127 US 89 HWY MASTER FORM MORTGAGE [Street] GROVER Wyoming 83122 [City] [Zip Code] "Property Address ,w 0vv459 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. 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) I HCWF #4818- 6698- 6241v2 02/21/09 1111111111101111101111111111 I IhlII Documents Processed 10 -16 -2009, 15:45:26 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 opy o this document and a copy of the Master Form Mortgage. '%GYM 15 t' JOEL K ER TRUSTEE OF THE JOEL K FAULKNER TRUST DATED MAY 24, 2001 For An Indi lid all Acting In His /Her Own Right: State of County of Salk 1/1+e-' I This instrument was acknowledged before me on (name(s) of persons). (Seal, if any) IIN1IIIG11II11II11N1I1IIII NIP Borrower TRUSTEE OF THE JOEL K FAULKNER TRUST DATED MAY 24, Borrower JOE KNER TRUSTEE OF THE GLORIA G FAULKNER TRUST DATED MAY 24, 2001 GLOIRIA G FAULKNER TRUSTEE OF THE GLORIA G FAULKNER TR ST DATED MAY 24 2001 Borrower Borrower 1/D oT �4 &.P 1 2o (date) J by od 5 tiI .vtt'r v 4 t Ctrt C1 (od q G, rF;11. I My Commission Expires: Z Z 14175 Zo/i. WYOMING SHORT FORM OPEN -END SECURITY INSTRUMENT (page 3 of 4 pages) HCWF #4818 6698- 6241v2 02/21/0 I�I Documents Processed 10 -16 -2009, 15:45:26 For An Individual Trustee Borrower: State of 1A-k1/1 County of 54- L. This instrument was acknowledged before me on 2 1.4 7 1por 1 200 (date) by jam( 0 r al4d (mod lOrret G7.. fi4 Iv1 -4,{ (name(s) of persons) as Y1..S2 (type of authority, e.g. officer, trustee, etc of of d- Jail k. Fa u (name of party on behalf of whom instrument was executed. (Seal, if any) WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 4 of 4 pages) i w�im�M�i N e� i �i�n�i�i 0 i��ii� a+tic( 41,L.,6-pioria G►. na.lkwjr Tru.54 No My Commission Expires:2 k 5 05 2_ Documents Processed 10 -16 -2009, 15:45:26 3O 462 EXHIBIT A Reference: 20091949700177 Account: 650- 650- 9468513 -1998 Legal Description: THE FOLLOWING DESCRIBED PREMISES, TO -WIT: PART OF THE N1 /2SE1/4 OF SECTION 13, T33N R119W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE TRUE POINT OF BEGINNING BEING THE COTTON GIN SPIKE SET AT A POINT IN THE CENTER LINE OF U.S. HIGHWAY 89 RIGHT OF WAY, SAID POINT BEING 56.96 FEET, N 89 DEGREES 59 MINUTES 01 SECONDS E ALONG THE CENTERLINE OF SAID SECTION 12 AND 140.10 FEET S 44 DEGREES 51 MINUTES 05 SECONDS E, ALONG SAID HIGHWAY 89 CENTERLINE, FROM THE B.L.M. TYPE MONUMENT FOUND MARKING THE LLOYD B. BAKER PE/LS 6981998 LOCATION FOR THE CE1 /16 CORNER OF SAID SECTION 13; THENCE ALONG SAID CENTERLINE S 44 DEGREES 51 MINUTES 05 SECONDS E, 307.69 FEET TO AN IRON PIPE FOUND MARKING THE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF WYOMING STATE HIGHWAY 238; THENCE SOUTHWESTERLY, ALONG LAST SAID CENTERLINE, TO THE IRON PIPES FOUND MARKING THE FOLLOWING COURSES: ALONG A 1432.394 FEET RADIUS CURVE TO THE RIGHT, (CHORD BEARS S 52 DEGREES 27 MINUTES 59 SECONDS W, 557.20 FEET) THROUGH A CENTRAL ANGLE OF 22 DEGREES 25 MINUTES 51 SECONDS AN ARC DISTANCE OF 560.772 FEET TO THE BEGINNING OF A SPIRAL CURVE TO THE LEFT, ALONG SAID SPIRAL CURVE (CHORD BEARS S 62 DEGREES 09 MINUTES 38 SECONDS W, 239.96 FEET) THROUGH A CENTRAL ANGLE OF 4 DEGREES 48 MINUTES 00 SECONDS AN ARC DISTANCE OF 240.00 FEET TO THE BEGINNING OF A 1432.394 FEET RADIUS CURVE TO THE LEFT, (CHORD BEARS S 51 DEGREES 31 MINUTES 30 SECONDS W, 369.07 FEET) THROUGH A CENTRAL ANGLE OF 14 DEGREES 48 MINUTES 14 SECONDS AN ARC DISTANCE OF 370.096 FEET TO THE BEGINNING OF A SPIRAL CURVE TO THE LEFT, ALONG SAID SPIRAL (CHORD BEARS S 41 DEGREES 06 MINUTES 21 SECONDS W, 239.66 FEET) THROUGH A CENTRAL ANGLE OF 4 DEGREES 48 MINUTES 00 SECONDS AN ARC DISTANCE OF 240.00 FEET TO THE TANGENT OF SAID SPIRAL, S 39 DEGREES 20 MINUTES 30 SECONDS W, 60.19 FEET TO A POINT IN THE CENTER OF THE BRIDGE CROSSING THE SALT RIVER; THENCE NORTHERLY, ALONG THE APPROXIMATE CENTERLINE OF SAID SALT RIVER THE FOLLOWING COURSES: N 36 DEGREES 43 MINUTES 41 SECONDS W, 16.83 FEET; N 29 DEGREES 22 MINUTES 06 SECONDS W, Exhibit A, CDP V1 07/2004 1/2 IIIIIII IIIII 1111111111 IIh 1111I 1N111 nI1 Documents Processed 10 -16 -2009, 15:45:26 148.52 FEET; N 49 DEGREES 34 MINUTES 42 SECONDS W, 76.94 FEET; S 85 DEGREES 29 MINUTES 14 SECONDS W, 63.71 FEET; N 58 DEGREES 37 MINUTES 54 SECONDS W, 259.53 FEET; N 26 DEGREES 56 MINUTES 14 SECONDS W, 64.64 FEET; N 8 DEGREES 15 MINUTES 28 SECONDS E, 148.59 FEET; N 28 DEGREES 16 MINUTES 47 SECONDS E, 113.92 FEET; N 52 DEGREES 26 MINUTES 33 SECONDS E, 167.91 FEET; N 45 DEGREES 06 MINUTES 56 SECONDS E, 114.01 FEET; N 15 DEGREES 10 MINUTES 11 SECONDS E, 126.15 FEET; AND N 27 DEGREES 54 MINUTES 29 SECONDS E, 219.17 FEET; THENCE N 89 DEGREES 59 MINUTES 01 SECONDS E, 952.77 FEET TO THE POINT OF BEGINNING. Exhibit A CDP V 1 07/2004 IIIIIIIIIIIIIII IINIIIII�IIIIIIIIIIIIIIIIII IIIIII 111 2/2 Documents Processed 10 -16 -2009, 15:45:26 Reference: 20091949700177 Account: 650 650- 9468513 -1998 Wells Fargo Bank, N.A. THIS THIRD PARTY RIDER is made on OCTOBER 19, 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 JOEL K FAULKNER And GLORIA G FAULKNER (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: 94127 US 89 HWY, GROVER, WYOMING 83122 [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 JOEL K FAULKNER 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 Ri JOEL K P ER TRUSTEE OF THE JOEL K FAULKNER TRUST DATED MAY 24, 2001 l uLJL A GLO A G FAULKNER TR STEE OF THE JOEL K FAULKNER T UST DATED MAY 24, 3r Rider, HC NW��F #13��2.vlgqOryry(''1IIpp1 /15//n2008) IIlIll hII IUIliIUI� 111IIIU lllhIInIIII THIRD PARTY RIDER Attach this Rider to the Security Instrument before Recording 304N464 1/1 Documents Processed 10 -16 -2009, 14:06:38 Reference: 20091949700177 Account: 650- 650- 9468513 -1998 Wells Fargo Bank, N.A. By signing Third Pa GLORIA G FAULKNER T 202001 3r Party Rider, l- 1CWF #132.v10 11/15/2008) Io�III�I��B�INnI��IgI�I�I�IIpA�N�9��I��I�N�lsll THIRD PARTY RIDER THIS THIRD PARTY RIDER is made on OCTOBER 19, 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 JOEL K FAULKNER And GLORIA G FAULKNER (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: 94127 US 89 HWY, GROVER, WYOMING 83122 [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 GLORIA G FAULKNER 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. ndersigned Trustee(s) accept(s) and agree(s) to the terms and provisions contained in this irref JOEL K F i ER TRUSTEE OF THE GLORIA G FAULKNER TRUST DATED MAY 24, 2001 STEE OF THE GLORIA G FAULKNER TRUST DATED MAY Attach this Rider to the Security Instrument before Recording 1/1 Documents Processed 10 -16 -2009, 12:38:01