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HomeMy WebLinkAbout966199Recording Return Wells rgo Ban .A. Attn: Doc Mgt. P.O. Box MAC 6955 -01 B' .1 gs, MT 5910 00 AFTER RECORDING, RETURN TO: AMERICAN TITLE, INC. P.O. BOX 641010 OMAHA, NE 68164 -1010 ATI# 0001 XNE LI On [Space Above This Line For Recording Data] Reference Number: 20121117700068 Account number: 682 682 0988618 -1XXX SHORT FORM LINE OF CREDIT MORTGAGE 00640 RECEIVED 8/15/2012 at 2:47 PM RECEIVING 966199 BOOK: 791 PAGE: 640 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 20, 2012, together with all Riders to this document. (B) "Borrower" is EUGENE ALBERT ROOT, TRUSTEE(S), OR THEIR SUCCESSORS IN TRUST, UNDER THE EUGENE ALBERT ROOT LIVING TRUST, DATED DECEMBER 27, 1991. 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 JULY 20, 2012. 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 20, 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 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) HCWF#4818- 6698- 6241y2 02/21/09 III 11111111111111111111111 Documents Processed 07 -19 -2012, 08:10:44 Ix{ IN /At 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 of Lincoln [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] THE NORTH ONE -HALF (N1 /2) OF THE FOLLOWING: BEGINNING AT A POINT 24 FEET SOUTH OF THE NORTHWEST CORNER OF LOT THREE (3), BEING THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW1 /4 SW1 /4), AND RUNNING THENCE EAST 300 FEET; THENCE SOUTH 290.4 FEET; THENCE WEST 300 FEET; THENCE NORTH 290.4 FEET, TO THE POINT OF BEGINNING, ALL IN SECTION 7, TOWNSHIP 34 NORTH, RANGE 118 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING. which currently has the address of 1982 COUNTY ROAD 117 [Street] THAYNE Wyoming 83127 [City] [Zip Code] "Property Address 00641 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 of 4 pages) HCWF#4818- 6698- 6241v2 02/21/09 11111111111111111111111111111111 Documents Processed 07 -19 -2012, 08:10:44 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. C1 h )1.4' n Dn. s 1) f -orI2 S a a2 .�s'sore �1 fart �3 "LA 1- gut, 7 i v i v=1- j" v ti c �.o d L-o tvv 4_ a '2— 7 fit 4 EUGENE ALBERT ROOT, TRUSTEE(S) OR THIER SUCCESSORS IN TRUST, UNDER THE EUGENE ALBERT ROOT LIVING TRUST DATED DECEMBER 27, 1991 Borrower For An Individual Acting In His/Her Own Right: State of (iCY®miNc County of (tki CO L/I This instrument was acknowledged before me on CO) (Aid 20 I 2- 6 1 Z (date) f by 62,...62,o e_e.l 0 O`er TPP (name(s) of persons). SHERYL MANNING NOTARY PUBLIC Count) of State of Lincoln Wyoming '7 My commission Expires Vb j 2© V (Seal, if any) 00642 Sheryl nn;ni My Commission Expires: /UO V 7 26 13 WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 3 of 4 pages) HCWF#4818- 6698 -6241y2 02/21/09 111111111111111111111111111111111 Documents Processed 07 -19 -2012, 08:10:44 For An Individual Trustee Borrower: State of m County of CD 4-- Irl.l This instrument was acknowledged before me on (name(s) of persons) as (type of authority, e.g. officer, trustee, etc of P.tt F NS G 1 T (name of party on behalf of whom instrument was executed. SHERYL MANNING NOTARY PUBLIC County of ;r'',4 State of Lincoln ol)4;� Wyoming My commission Expires 7 N6 V (:)0 (Seal, if any) c� Lc( 2o/ 2 —(date) by Public Shec IUlan n �Y� My Commission Expir s: r�V L' Y- 2O t WYOMING- SHORT FORM OPEN -END SECURITY INSTRUMENT (page 4 of 4 pages) 1 11111111 1 111111 Documents Processed 07- 19 -2012, 08:10:44 0064 Reference: 20121117700068 Account: 682 682 0988618 -1998 Wells Fargo Bank, N.A. 3'� Party Rider, HC'WF #132.v10 (11/15/2008) I111IINIIIIIHIIIIUI11111II THIRD PARTY RIDER THIS THIRD PARTY RIDER is made on JULY 20, 2012 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 EUGENE ALBERT ROOT (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: 1982 COUNTY ROAD 117, TRAYNE, WYOMING 83127 [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 EUGENE ALBERT ROOT 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 Trustee(s) accept(s) and agree(s) to the terms and provisions contained �'n this Third Party Rider. ,2 s h v h o4� aZ b f(aost cc) 147-0(<2 5' u u.y Lt v, f t /Iv )124 12,2_ h d_ c EUGENE ALBERT ROOT, TRUSTEE(S) OR TRIER SUCCESSORS IN TRUST, UNDER. THE EUGENE ALBERT ROOT LIVING TRUST DATED DECEMBER 27, 1991 Attach this Rider to the Security Instrument before Recording -5 0 6 4 1/1 Documents Processed 07 -19 -2012, 08:10 :44 July 1 O Date Place of Recording Name Address 1 ,2012 Address 2 Tax Parcel No. Legal Description is at page a Lot Block Plat or Section Township Range Quarter /Quarter Section This Instrument Prepared By: Leanne Young Preparers Name Preparers Title 2801 4th Ave S Preparers Address 1 Minneapolis, Minnesota 55408 Preparers Address 2 612- 312 -5294 Preparer's Telephone Number Preparers Signature WELLS FARGO BANK N.A. Lender's Name 1 HOME CAMPUS, X2303-01P Lender's Address 1 DES MOINES, IA 50328 Lenders Address 2 EUGENE ALBERT ROOT, TRUSTEE Borrower's Name 1982 COUNTY RD 117 Borrower's Address 1 THAYNER, WY 83127 Borrower's Address 2 MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT This Manufactured Home Rider to Security Instrument "Rider") is made 3 )LX DO, 0161 a and is incorporated into and amends and supplements the Mortgage, Open -End Mortgage, Deed of Trust, Credit Line eed of Trust, or Security Deed "Security Instrument of the same date given by the undersigned "Borrower") to secure Borrower's Note to WELLS FARGO HOME MORTGAGE "Lender") of the same date "Note and covering the Property described in the Security Instrument and located at: 1982 COUNTY RD 117, THAYNE, WY 83127 Manufactured Home Rider to Security Instrument ©McGlinchey Stafford PLLC All Rights Reserved Page 1 of 4 Rev. 06/30/07 00645 Borrower and Lender agree that the Security Instrument is amended and supplemented as follows: 1. Meaning of Some Words. As used in this Rider, the term "Loan Documents" means the Note, the Security Instrument and any Construction Loan Agreement, and the term "Property", as that term is defined in the Security Instrument, includes the "Manufactured Home" described in paragraph 3 of this Rider. All terms defined in the Note or the Security Instrument shall have the same meaning in this Rider. 2. Purpose and Effect of Rider. IF THERE IS A CONFLICT BETWEEN THE PROVISIONS IN THIS RIDER AND THOSE IN THE SECURITY INSTRUMENT, THE PROVISIONS IN THIS RIDER SHALL CONTROL. THE CONFLICTING PROVISIONS IN THE SECURITY INSTRUMENT WILL BE ELIMINATED OR MODIFIED AS MUCH AS IS NECESSARY TO MAKE ALL OF THE CONFLICTING TERMS AGREE WITH THIS RIDER. 3. Lender's Security Interest. All of Borrower's obligations secured by the Security Instrument also shall be secured by the Manufactured Home: USED 1997 NASHUA New/Used Year Manufacturer's Name 4. Affixation. Borrower covenants and agrees: (a) to affix the Manufactured Home to a permanent foundation on the Property; (b) to comply with all Applicable Law regarding the affixation of the Manufactured Home to the Property; (c) upon Lender's request, to surrender the certificate of title to the Manufactured Home, if surrender is permitted by Applicable Law, and to obtain the requisite governmental approval and documentation necessary to classify the Manufactured Home as real property under Applicable Law; (d) that affixing the Manufactured Home to the Property does not violate any zoning laws or other local requirements applicable to the Property; and (e) that the Manufactured Home will be, at all times and for all purposes, permanently affixed to and part of the Property. 5. Charges; Liens. Section 4, Paragraph 1 of the Security Instrument is amended to add a new third sentence to read: Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph and receipts evidencing the payments. 6. Property Insurance. Section 5, Paragraph 1 of the Security Instrument is amended to add a new second sentence to read: Whenever the Manufactured Home is transported on the highway, Borrower must have trip insurance sufficient to cover the replacement cost of the Manufactured Home. 7. Notices. The second sentence of Section 15 of the Security Instrument is amended by inserting the words "unless otherwise required by law" at the end. Manufactured Home Rider to Security Instrument ©McGlinchey Stafford PL LC All Rights Reserved (Property Address) NA NCID36905AB Model Name or Model No. Serial No Page 2 of 4 7 044 x 026 Length x Width Rev. 06/30/07 0064 8. Additional Events of Default. Borrower will be in default under the Security Instrument: (a) if any structure on the Property, including the Manufactured Home, shall be removed, demolished, or substantially altered; (b) if Borrower fails to comply with any requirement of Applicable Law (Lender, however, may comply and add the expense to the principal balance Borrower owes to Lender); or (c) if Borrower grants or permits any lien on the Property other than Lender's lien, or liens for taxes and assessments that are not yet due and payable. 9. Notice of Default. If required by Applicable Law, before using a remedy, Lender will send Borrower any notice required by law, and wait for any cure period that the law may require for that remedy. 10. Additional Rights of Lender in Event of Foreclosure and Sale. In addition to those rights granted in the Note and Security Instrument, Lender shall have the following rights in the event Lender commences proceedings for the foreclosure and sale of the Property. (a) At Lender's option, to the extent permitted by Applicable Law, Lender may elect to treat the Manufactured Home as personal property "Personal Property Collateral Lender may repossess peacefully from the place where the Personal Property Collateral is located without Borrower's permission. Lender also may require Borrower to make the Personal Property Collateral available to Lender at a place Lender designates that is reasonably convenient to Lender and Borrower. At Lender's option, to the extent permitted by Applicable Law, Lender may detach and remove Personal Property Collateral from the Property, or Lender may take possession of it and leave it on the Property. Borrower agrees to cooperate with Lender if Lender exercise these rights. (b) After Lender repossesses, Lender may sell the Personal Property Collateral and apply the sale proceeds to Lender's reasonable repossession, repair, storage, and sale expenses, and then toward any other amounts Borrower owes under the Loan Documents. (c) In the event of any foreclosure sale, whether made by Trustee, or under judgment of a court, all of the real and Personal Property Collateral may, at the option of Lender, be sold as a whole or in parcels. It shall not be necessary to have present at the place of such sale the Personal Property Collateral or any part thereof. Lender, as well as Trustee on Lender's behalf, shall have all the rights, remedies and recourse with respect to the Personal Property Collateral afforded to By signing below, Borrower accepts and agrees to the terms and covenants contained in this Rider. By: [type Borrower's name) EUGENE ALBERT ROOT, TRUSTEE Manufactured Home Rider to Security Instrument ©McGlinchey Stafford PLLC All Rights Reserved Page 3 of 4 [type signatory's name] OO64 Rev. 06/30/07 (seal) STATE OF (C) I1 p ill (ILG COUNTY OF L (N- )QOL.L On the 20 day of before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on the instrument, the individual(s), or the •erson on behalf of which the individual(s) acted, executed the instrument. Note ignature 9 EA Notary Printe. Name Notg ublic; State of t( O rk t, r\- or Qualified in the County of L 0 Q-O l.-/�f My commission expires: /J0 ir 1 2 0 i3 Official Seal: SHERYL lyANNING NOTARY PUBLIC County of Uncoil" My commission Expires State of Wyoming 7 3 20 Manufactured Home Rider to Security instrument ©McGlinchey Stafford PLLC All Rights Reserved Its: ss.: Page 4 of 4 Q [authorized officer] Rev. 06/30/07 in the year 00648