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HomeMy WebLinkAbout952114P,($ -Box 31557 MAC--B6955-043 AFTER RECORDING, RETURN TO: AMERICAN TITLE, INC. P.O. BOX 641010 OMAHA, NE 68164 -1010 ATI# 20 09 12Oa -45 Reference Number: 20093347700025 [Space Above This Line For Recording Data] SHORT FORM LINE OF CREDIT MORTGAGE e0 344 RECEIVED 2/10/2010 at 3:51 PM RECEIVING 952114 BOOK: 742 PAGE: 344 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Account number: 650- 650- 9576992 -1XXX 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 JANUARY 23, 2010, together with all Riders to this document. (B) "Borrower" is MARK NYOUIST AND KIM NYOUIST, HUSBAND AND WIFE. 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 JANUARY 23, 2010. 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 THOUSAND AND 00 /100THS Dollars (U.S. $100,000.00) 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 February 23, 2050. (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 3 pages) 1111111111111111111111111111111111111111 Documents Processed 01-1 5-2010, 12:00:45 FT A 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 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] [Name of Recording Jurisdiction] THE FOLLOWING DESCRIBED TRACT OF LAND IN LINCOLN COUNTY, STATE OF WYOMING, TO WIT: BEGINNING AT THE SOUTHEAST CORNER OF LOT 13, ALPINE VILLAGE SUBDIVISION 1, PLAT 1, AMENDED, SECTION 18, T37N, R118W, 6TH P.M., WYOMING AND RUNNING THENCE SOUTH 59 DEGREES 22 MINUTES 51 SECONDS WEST, 250 FEET; THENCE NORTH 35 DEGREES 37 MINUTES 29 SECONDS WEST, 196 FEET; THENCE NORTH 48 DEGREES 58 MINUTES 42 SECONDS EAST, 121.46 FEET TO THE SOUTH RIGHT -OF -WAY BOUNDARY LINE OF PALISADES CIRCLE; THENCE IN AN EASTERLY DIRECTION ALONG SAID SOUTH RIGHT -OF -WAY BOUNDARY LINE OF PALISADES CIRCLE, 128.47 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHWEST RIGHT -OF -WAY BOUNDARY LINE OF PALISADES DRIVE APPROXIMATELY 15333 FEET TO THE POINT OF BEGINNING. which currently has the address of 230 PALISADES DRIVE ALPINE [City] of Lincoln Wyoming [Street] 83128 [Zip Code] 006345 "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 WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 2 of 3 pages) i 11 Documents Processed 01 -15 -2010, 12:00:45 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Ins -nt and in any Rider executed by Borrower and recorded with it. Borrower also acknowledges receipt of a opy of this document 1 copy of the Master Form Mortgage. KIM NY o UIST by (name(s) of persons). ANSHU DUTT Notary Public Minnesota My Commission Expires Jan. 31, 2012 (Seal, if any) For An Individual Acting In His/Her- Right: State of l� 1 County of I1g This instrument was acknow g ed before me on cJ et Jet 01 09 2 6 -i-ir(date) Borrower Borrower 006i346 M(1 r kJ ;s f g im yf 5 7 1 .chotoct Po /FP Notary Public My Commission Expires�a v) 3/ 20/1 WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 3 of 3 pages) HCWF#4818- 6698- 6241v2 02/21/09 1111111111111.111111111111111111111 Documents Processed 01 -15 -2010, 12:00:45