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HomeMy WebLinkAbout954740After Recording Return To: Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC B6955 -013 Billings, MT 59107 -9900 [Space Above This Line For Recording Data] Reference Number: 20101797700007 Account number: 651- 651 2926020 -1XXX SHORT FORM LINE OF CREDIT MORTGAGE 000650 RECEIVED 8/9/2010 at 11:12 AM RECEIVING 954740 BOOK: 751 PAGE: 650 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 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 JULY 21, 2010, together with all Riders to this document. (B) "Borrower" is RAYMOND S. HUTCHINSON AND JOY C. HUTCHINSON, AS TRUSTEES OF THE RAYMOND S. HUTCHINSON AND JOY C. HUTCHINSON TRUST DATED OCTOBER 29, 2007. 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 Philips 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 JULY 21, 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, FIFTY THOUSAND AND 00 /100THS Dollars (U.S. $50,000.00) 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 August 21, 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) I1111YiIUIM11iIMNMO 111IlPffhI I IIIII1 Documents Processed 07 -19 -2010, 12:05:16 N/A X N/A Leasehold Rider Third Party Rider Other(s) [specify] TRANSFER OF RIGHTS IN THE PROPERTY MASTER FORM MORTGAGE 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. 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 Lincoln [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE ATTACHED EXHIBIT which currently has the address of 325 5TH ST [Street] COKEVILLE Wyoming 83114 [City] [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 Forni 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 pages) HC W F #4818- 6698 -6241 v2 (02/21/09) 1111111111111111111111111111111111111111 Documents Processed 07 -19 -2010, 12:05:16 000651 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 co ,y`of this doc ent and a copy of the Master.Form Mortgage. i S idr• r: J y .fr 6 e j .e).", e' J 14.? i%SG d e y C 1/4. 1 4 r f7G.5 7 A. r 1 G(I 7 6 7 z) RAYMOND S HUTCHINSON, CO- TRUSTEE OF THE RAYMOND S. HUTCHINSON AND J Y C HUTCHINSON TRUST DATED 10/29/ 7 -Borrower ,tA dilii``�`` C uS�e 0 a= 1 hi-tarc ,usUN 4nria (5y T'c.N -1 uS a N Trt..v.5 r p 0 L /6 07 42 7 (7 JOY C HUTCHINSON, CO- TRUSTEE OF THE RAYMOND S. HUTCHINSON AND JOY C HUTCHINSON TRUST DATED 10/29/07 Borrower For An Individua Acting In His /Her Own Right: State of C County of f :2—C b (date) by ll k0i16,, &kdit'\ n5Dri t 00 ALV\ t On 0 1► 1 l L +i 6 1 A l 11 CO L Mill) 1Tc t Az4Av c�v k kc� C, z v L5 CG x,6\48.6 1 s 0 persons This instrument was acknowledged before me on LESLIE NATE NOTARY PUBLIC STATE OF IDAHO (Seal, if any) Not4ry obis My Commission Expires: 6 j j 000652 WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 3 of 4 pages) HC W F #4818- 6698 -6241 v2 (02/21/09) 111111111M111111=011111111101 Documents Processed 07 -19 -2010, 12:05:16 e," 4 Cri/ For An Indiy ua Trustee Borrower: State of (t�.0 County of ?)e(1s' This instrument was acknowledged before me on I LO '1 6 (date) by Q-akk C T\ v'flcl1 ak x.; C C \'v1 (name(s) of persons) as f+ j e. s (type of authority, e.g. officer, trustee, etc of (name of party on behalf of whom instrument was executed. LESLIE NATE NOTARY PUBLIC STATE OF IDAHO (Seal, if any) AOcVe.A 016 ,/(t -t Notary Public My Commission Expires: `e 000653 WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 4 of 4 pages) HCWF #4818- 6698- 6241v2 (02/21/09) IN1111NIIII11111iiiia MIIiou11111ii Documents Processed 07 -19 -2010, 12:05:16 Legal Description: Exhibit A CDP.V1 07/2004 IIIIIINgIII IIINIgI�iIIIIIINIIIIIgqNIINIIN IINIIINII VIII Illggqllq 11 EXHIBIT A 000654 Reference: 20101797700007 Account: 651-651-2926020-1998 THE FOLLOWING DESCRIBED REAL ESTATE, SITUATE IN LINCOLN COUNTY AND STATE OF WYOMING, TO -WIT: PARCEL 1: LOTS TWELVE (12) AND THIRTEEN (13) IN THE QUADROS FIRST ADDITION OF THE TOWN OF COKEVILLE, WYOMING, AND ALSO: BEGINNING AT THE SOUTHWEST CORNER OF LOT 14 OF THE QUADROS FIRST ADDITION TO THE TOWN OF COKEVILLE, WYOMING, AND RUNNING THENCE EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 14 A DISTANCE OF 40 FEET, AND THENCE NORTHERLY ALONG A LINE PARALLEL TO THE EAST BOUNDARY LINE OF SAID LOT A DISTANCE OF 100 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF SAID LOT, AND THENCE WESTERLY TO THE NORTHWEST CORNER A DISTANCE OF 40 FEET, THENCE SOUTHERLY ALONG THE WEST BOUNDARY LINE A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PART OF TRACT 90 OF TOWNSHIP 24 NORTH, RANGE 119 WEST, 6TH P.M., WITHIN THE INCORPORATED LIMITS OF THE TOWN OF COKEVILLE, LINCOLN COUNTY, WYOMING, LYING AND BEING SITUATE WITHIN THE BOUNDS OF LOT 12 AND LOT 13 AND THE WEST FORTY (40) FEET OF LOT 14 OF THE QUADROS ADDITION TO THE TOWN OF COKEVILLE OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY AS PLAT NO. 133, NORTHERLY OF THE SOUTH LINE OF SAID TRACT 90 AS DEPICTED UPON THE PLAT FOR THE HEUETT ADDITION TO THE TOWN OF COKEVILLE OF RECORD IN SAID OFFICE AS PLAT NO. 129. 1/1 Documents Processed 07 -19 -2010, 12:05:16 Reference: 20101797700007 Account: 651- 651- 2926020 -1998 Wells Fargo Bank, N.A. THIRD PARTY RIDER THIS THIRD PARTY RIDER is made on JULY 21, 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 RAYMOND S HUTCHINSON And JOY C HUTCHINSON (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: 325 5TH ST, COKEVILLE, WYOMING 83114 [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 RAYMOND S HUTCHINSON AND JOY C HUTCHINSON 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, Third Party Rider, c27/ C/I U the unders ned Trustee(s) accept(s) and agree(s) to the terms and provisions L contained in t is G'�A..� ��1/�`' 'G u� ✓l mil. yjY� i✓1 .f AA-4//%7 cj 1 L! /l ,�.e i G 7 61 7/. -7 0 /0 RAYMOND S HUTCHINSON, CO- TRUSTEE OF THE RAYMOND S. HUTCHINSON AND JOY C HUTCHINSON TRUST DATED 10/29/07 e,. /dc,, l 7- -iLu-s r- 2 -0_1, KfYM0N40 .S 4'L,VJliN .4-u J ff C NAJCI—C.04 MJ 47 7 711..t&S7 a-u 49/13.? JOY C HUTCHINSON, CO- TRUSTEE OF THE RAYMOND S. HUTCHINSON AND JOY C HUTCHINSON TRUST DATED 10/29/07 3 Party Rider, HCWF #132.v10 (11/15/2008) IIIIIIIIIIIIIIIIIlilLIIIIIHlIIIIIIIII Attach this Rider to the Security Instrument before Recording 000655 1/1 Documents Processed 07 -19 -2010, 12:05:16