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HomeMy WebLinkAbout956391601101993 After 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: 20102574900004 Account number: 682 682 0109975 -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 22, 2010, together with all Riders to this document. (B) "Borrower" is ANTHONY SHALEY AND MICHELE A. SHALEY, HUSBAND AND WIFE, AND JULIE J. BITTEL, A MARRIED WOMAN AND JOHN L. BITTEL, HER HUSBAND, SIGNING AS NON VESTED SPOUSE. 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 22, 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 pnncipal sum outstanding at any one time of, ONE HUNDRED FIFTY -ONE THOUSAND AND 00 /100THS Dollars (U.S. $151,000.00) 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 22, 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 followmg Riders are to be executed by Borrower [check box as applicable]: WYOMING- SIiORT FORM OPEN -END SECURITY INSTRUMENT HCWF#4818- 6698- 6241v2 02/21/09 w� RECEIVED 10/27/2010 at 3:38 PM RECEIVING 956391 BOOK: 756 PAGE: 299 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000299 (page 1 of 4 pages) Documents Processed 10 -22 -2010, 10:52:03 N/A Leasehold Rider Third Party Rider Other(s) [specify] N/A INUA 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] SEE ATTACHED EXHIBIT A which currently has the address of ALPINE [City] Wyoming 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. WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT HCWF #4818- 6698- 6241v2 02/21/09 11111111111101111111111111 IRMO MI 1'T of Lincoln [Name of Recording Jurisdiction] 53 LONESOME DOVE [Street] 83128 -0000 [Zip Code] "Property Address Documents Processed 10 -22- 2010,10:52:03 040 300 (page 2 of 4 pages) HOME ASSET MANAGEMENT The loan agreement referenced in the above definition of "Debt Instrument" includes any amendments to the Debt Instrument, including the Horne Asset Management Account Addendum dated the same date as the Debt Instrument. In accordance with the terms, of the Debt Instrument, Lender may in its sole discretion periodically offer to increase Borrower's credit limit under the Debt Instrument, subject to the satisfaction of certain conditions. These conditions include, among other things, Borrower's maintenance of a first mortgage loan on the Property with Wells Fargo Bank, N.A. Any such increase in Borrower's credit limit shall increase the maximum principal sum secured by this Security Instrument. Borrower agrees that any future advances made under any credit limit increases shall have the same lien priority as if the future advances were made as of the date of this Security Instrument. Despite any language to the contrary in this Security Instrument, Borrower covenants that the Property is unencumbered, except for a first lien purchase money or refinance of purchase money encumbrance given to Wells Fargo Bank, N.A. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contamed 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. ANTHONY SHALEY m,• cac\l.Q.e shau MICHELE A. SHALEY WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT HC W F #4 818- 6698 -6241 v2.02/21 /09 IIIII�I�I� .I�NY IIiI�MIII�N IIIIII I01I��UNII eve L e 0/01-31 fo N NIININ y .,,;oTAAY �FF'�• i R Eestafflotis €51 ..!'us •F ALf "mNUUnoo Borrower Borrower Borrower Borrower 000301 (page 3 of4pages) Documents Processed 10 -22 -2010, 10:52:03 For An Individual Acting In His/Her Own Right: State of County of This instrument was acknowledged before nie on by (name(s) of persons). (Seal, if any) WYOMING SHORT FORM OPEN -END SECURITY INSTRUMENT (page 4 of pages) 19�All�l ��IdIIQ��IIIRaIII��I�����II�N IpnUI�II��W�11V11 1'Yl c hele A Shea (eL( A n4-h6n L Siccp c 400040 0104060/ 0 44, "''ya 7L I i REGIsipAT04Na; a zEpta 2013 i 1 ALTkA #/611110 EXPIRES g /ol ,3/ /b Notary Public dza-- My Commission Expires: (date) 930 000302 o/3 Documents Processed 10 -22 -2010, 10:52:03 State of Cr\ordo County of VA\- The foregoing instrument was acknowledged before me this .R5 ay of October, 2010, by Julie J. Bittel and John L. Bittel. "1 HY ��������i AV, 5� �x'. Notary u i A s 4....,-- y �BLIC F 'Oros Ja My Commission Expires: I.7 b(1) 000303 StreamL,ine Legal Description Exhibit "A" Rev. 3/22/2006 File Number: 6011019393ET EXHIBIT "A" LEGAL DESCRIPTION 000304 Lot 4 of Lonesome Dove Ranch Subdivision, Lincoln County, Wyoming according to that Plat filed August 14, 2003 in the office of the Lincoln County Clerk, as Plat No. 251 -C.