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HomeMy WebLinkAbout962674AFTER RECORDING, RETURN TO AMERICAN TITLE, INC. P.O. BOX 641010 OMAHA, NE 68164 -1010 Asftz Recording Ret -T-o- Wells rgo Bank- N.A. Attn: Doc efit Mgt. P.O. B x 55 MA.C'136955 -013 Billings, MT 59107 -99 001.68 RECEIVED 1/10/2012 at 2:00 PM RECEIVING 962674 BOOK: 779 PAGE: 168 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Space Above This Line For Recording Data] Reference Number: 20113197700057 Account number: 682 -682- 0695106 -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 DECEMBER 16, 2011, together with all Riders to this document. (B) "Borrower" is SCOTT C. LUSTY AND ANITA M. LUSTY, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETI ES. 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 DECEMBER 16, 2011. 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, TWENTY FIVE THOUSAND AND 00 /100THS Dollars (U.S. $25,000.00) 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 January 16, 2042. (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 Instrutnent, and also all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrutnent 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 pages) HC W F #48 -6698 -6241 v2 (02/21/09) ININININ UNIINNMININNNNNN UNI NN ININNN Documents Processed 12 -15 -2011, 13:34:17 N/A N/A N/A Leasehold Rider Third Party Rider Other(s) [specify] N/A (11) "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 of Lincoln [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE ATTACHED EXHIBIT A which currently has the address of 2384 SPRING CREEK ROAD [Street] FAIRVIEW Wyoming 83119 "Property Address [City] [Zip Code] 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 (page 2 of4 pages) HC W F #4818- 6698 -6241 v2 (02/21/09) IIIIIIIII 1111IIIIIIIININIIIIIIIIIIIIIIIII 1111III11I1IINIINIIIII Documents Processed 12-15-2011, 13:34:17 00169 HOME ASSET MANAGEMENT The loan agreement referenced in the above definition of "Debt Instrument" includes any amendments to the Debt Instrument, including the Home Asset Management Account Addendum dated the same date as the Debt Instrument. Its 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 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 document and a copy of the Master Form Mortgage. SCOTT C LUSTY Borrower AN A M LUSTY Borrower WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 3 of pages) HC W F#4818- 6698 -6241 v2 (02/21/09) 1111 llfdlq 1111111111I1IN11111IN1IIIMMlll N Documents Processed 12 -15 -2011, 13:34:17 00170 For An Individual Acting In His /Her Own Right: State of bU v 11/ A, County of L..( This instrument was acknowledged before me on �L�I, �i V a) (late) by 4'V 111\ t l C:L,P ds tC_ (name(s) of persons). TERRECE SIDDOWAY NOTARY IlUBIJC County of State Wyoming Lincoln 9 free Ju 27, 2015 M COrnrT'l 0n (Seal, if any) WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT HCW F #48 1 8- 6698 -6241 v2 (02/21/09) 1111111111111111111111111111111111111011111111 otary Public My Commission Expires: 7 l (page 4 of 4 pages) Documents Processed 12 -15 -2011, 13:34:17 00171. EXHIBIT A Reference: 20113197700057 Account: 682 682 0695106 -1998 Legal Description: THE FOLLOWING DESCRIBED REAL ESTATE, SITUATE IN LINCOLN COUNTY AND STATE OF WYOMING, HEREBY RELEASING AND WAIVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE STATE TO WIT:THAT PART OF THE NE 1/4 NW 1/4 OF SECTION 15, T31N R119W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING PART OF THAT TRACT OF RECORDS IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY IN BOOK 348PR ON PAGE 468, DESCRIBED AS FOLLOWS:BEGINNING AT A POINT ON THE WEST LINE OF SAID NE 1/4 NW 1/4, S 00 DEGREES 01.7 MINUTES W. 291.76 FEET FROM THE NORTHWEST CORNER OF SAID NE 1/4 NW 1/4, FOUND AS DESCRIBED IN THE CORNER RECORD FILED IN SAID OFFICE;THENCE CONTINUING S 00 DEGREES 01.7 MINUTES W, 291.76 FEET, ALONG THE WEST LINE OF SAID NE 1/4 NW 1/4, TO THE SOUTHWEST POINT OF SAID TRACT;THENCE S 89 DEGREES 58.6 MINUTES E, 727.89 FEET, ALONG THE SOUTH LINE OF SAID TRACT TO THE SOUTHEAST POINT THEREOF;THENCE N 00 DEGREES 01.4 MINUTES E, 291.76 FEET, ALONG SAID EAST LINE, TO A POINT;THENCE N 89 DEGREES 58.6 MINUTES W. 727.84 FEET TO THE POINT OF BEGINNING. Exhibit A CDP V 1 07/2004 III IIII I IqI IIIIII 1III qII II IUINI III IIII IIN III II IN 0 0172 1/1 Documents Processed 12 -15 -2011, 13:34:17