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Home My WebLink About954552After Recording Return To: Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC B6955 -013 Billings, MT 59107 -9900 RECEIVED 7/26/2010 at 11:20 AM RECEIVING 954552 BOOK: 751 PAGE: 86 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ";,17‘ OS6 [Space Above This Line For Recording Data] Reference Number: 20101127800129 Account number: 651 651- 2913523 -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 29, 2010, together with all Riders to this document. (B) "Borrower" is FRED A PIERCE AKA FRED PIERCE AND LAVENA C. PIERCE, TRUSTEES OF THE FRED PIERC E AND LAVENA C. PIERCE LIVING TRUST DATED JANUARY 22, 1992. 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 JUNE 29, 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 EIGHTY -EIGHT THOUSAND AND 00 /100THS Dollars (U.S. $188,000.00) 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 29, 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 4 pages) HC W F #4818- 6698 -6241 v2 (02/21/09) iIHflhIIII !IIIIiIIIIIIIIIIII1lIIIIIIII Documents Processed 06 -28 -2010, 17:41:10 N/A X IN /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 REAL ESTATE, SITUATE IN LINCOLN COUNTY, AND STATE OF WYOMING, TO -WIT: LOT 2 OF HENRY'S MOUNTAIN ESTATES NO. 2, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILE JULY 2, 2008 AS INSTRUMENT NO. 940252 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. #35191310038700 which currently has the address of 296 PIERCE DRIVE ETNA [City] 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 Leasehold Rider Third Party Rider Other(s) [specify] N/A of Lincoln Wyoming [Street] 83118 [Zip Code] "Property Address 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 IMII I IINVI I V11 I I 1 I1111 I I I N1III I 1 1111 N11111 Documents Processed 06 -28 -2010, 17:41:10 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 gcument and a copy of the Master Form Mortgage. FRED PIERCE, TRUSTEE OF THE FRED PIERCE AND LAVENA C PIERCE LIVING TRUST SATED JANUARY 22, 1992 Borrower County of L I r COI vl (name(s) of persons). LAKYN NIELD NOTARY PUBLIC WYOMING Lincoln County M Commission Ex ires Jan. 21, 2013 (Seal, if any) r7" LAVENA C PIERCE, TRUSTEE OF THE FRED PIERCE AND LAVENA C PIERCE LIVING TRUST DATED JANUARY 22, 1992 Borrower For An Individual Acting In His /Her Own Right: State of AJJO1v11 Y11 This instrument was acknowledged before me on No 12_9 110 by Frect Pierce G,Y1r\ Lavenc' G Pi-erce, (date) My Commission Expires: 0 I 3 088 WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 3 of 4 pages) HCWF# #48118 66698 1 6241v2 (02/21/09) IIIIIIGriIIIiuI 1111IIIlllA1'lIIIIIIluhp uIi Documents Processed 06 -28 -2010, 17:41:10 For An Individual Trustee Borrower: State of County of This instrument was acknowledged before me on i (date) by Notary Public (name(s) of persons) as (type of authority, e.g. officer, trustee, etc of (name of party on behalf of whom instrument was executed. (Seal, if any) My Commission Expires: 9 WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 4 of 4 pages) H 448 u 6698- 62241 p� III IAIN�IIIIYNIIIIIIINAIIIII lHII II�M N11IY1III1I1II11II� Documents Processed 06 -28 -2010, 17:41:10 Reference: 20101127800129 Account: 651- 651- 2913523 -1998 Wells Fargo' Bank, N.A. 3 Party Rider, HCWF #132.v10 (11/15/2008) 90 THIRD PARTY RIDER THIS THIRD PARTY RIDER is made on JUNE 29, 2010 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 FRED A PIERCE And LAVENA C PIERCE (individually and collectively refened 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: 296 PIERCE DRIVE, ETNA, WYOMING 83118 [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 THE FRED PIERCE AND LAVENA C PIERCE LIVING 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 Trustees) accept(s) and agree(s) to the terms and provisions contained in this Third Party Rider. D PIERCE, TRUSTEE OF THE FRED PIERCE AND LAVENA C PIERCE LIVING TRUST DATED JANUARY 22, 1992 Tr LAVENA C PIERCE, TRUSTEE OF THE FRED PIERCE AND LAVENA C PIERCE LIVING TRUST DATED JANUARY 22, 1992 Attach this Rider to the Security Instrument before Recording 1/1 Documents Processed 06 -28 -2010, 17:41:10