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Home My WebLink About967713RECORDING REQUESTED BY: Division 11 Service Center Order No.: FCPF- 7001201086 When Recorded Mail Document To: Wells Fargo Bank, N.A. PO BOX 31557 MAC B6955 -013 Billings MT 59107 -9900 APN /Parcel ID(s): 12- 3319 -34 -2- 00- 111.00 0030'? RECEIVED 10/31/2012 at 3:16 PM RECEIVING 967713 BOOK: 797 PAGE: 303 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SPACE ABOVE THIS LINE FOR RECORDER'S USE Deed of Trust This Deed of Trust is junior and subordinate to the First Deed of Trust recording concurrently herewith THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Recording Document Cover Page Printed: 10.22.12 06:21 PM SCA0000079.doc Updated: 03.23.11 Page 1 of 1 CA- CT- FCPF 02180.993700 -FCPF- 7001201086 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: 20122754900006 Account Number: 682-682-1130250- lxxx SHORT FORM LINE OF CREDIT MORTGAGE 0030 1: 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 18, 2012, together with all Riders to this document. (B) "Borrower" is THE KEVIN D AND JANICE F HYDE FAMILY TRUST, DATED JUNE 12. 2001, KEVIN D HYDE AND JANICE F HYDE, TRUSTEES. 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 18, 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 NINE THOUSAND SEVEN HUNDRED FIFTY AND 00 /100THS Dollars (U.S. $59,750.00) 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 18, 2042. _yen ;s Junior and Subordinate to the First Lien 'lny Concurrently Herewith WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 1 of 5 pages) HCWF#4818- 6698- 6241v2 (08/18/2012) WY 107006 0312 Documents Processed 10 -18 -2012 08:46:25 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (I) "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 [mark as applicable]: N/A Leasehold Rider X Third Party Rider N/A 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 [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE EXHIBIT A County which currently has the address of 1539 TOMS CANYON RD of Lincoln [Street] AUBURN Wyoming 83111 -0000 "Property Address [City] [Zip Code] WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT HCWF#4818- 6698- 6241v2 (08/18/2012) wv- 1oroo6 -oa12 0030~ (page 2 of 5 pages) Documents Processed 10 -18 -2012 08:46:25 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 U ti 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 3 of 5 pages) HCWF#4818- 6698- 6241v2 (08/18/2012) WY- 107006 -0312 Documents Processed 10 -18 -2012 08:46:25 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. KEVIN D HYDE, TRUSTEE OF HE KEVIN D AND JANICE F HYDE FAMILY TRUST, Borrower DATED JUNE 12, 2001 JANICE HYDE, THE ICEVIN D AND 3ANIICE F HYDE FAMILY TRUST, DATED JUNE 12, Borrower 2001 WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 4 of 5 pages) HCWF#4818- 6698 -6241 v2 (08/18/2012) wv- 107006 -0312 Documents Processed 10 -18 -2012 08:46:25 For An Individual Acting In His/Her Own Right: State of County of d kno instrument inent was acknowledge bre efo me on Q� 8. 0/a date) by ,a of persons) JILL H. LARSON NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires June 20, 2015 (Seal, if any) For An In vidual Trustee Borrower: State of County of instrument was acknowledged before me on ecd-- fir.. 61 (date) by 7Kurt;-L, (name(s) of persons) as (type of authority, e.g. officer, trustee, etc of (name of party on behalf of whom instrument was executed. JILL H. LARSON NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires June 20, 2015 (Seal, if any) WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT HCWF#4818- 6698 -6241 v2 (08/18/2012) wY- 107006 -0312 (name(s) `CI d, 't.- My Commi ion Expires: b j. 0 _c9 0 /5 00308 d a t44-0.- My Commission Expires: •4 "C: 2075-- (page 5 of 5 pages) Documents Processed 10 -18 -2012 08:46:25 Reference Number: 20122754900006 Account Number: 682 682 1130250 -1998 Wells Fargo Bank, N. A. 3rd Party Rider, HE101137 HCWF #132.v10 (11/15/08) HE- 101137 -0212 THIRD PARTY RIDER 0030'') THIS THIRD PARTY RIDER is made on October 18, 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 KEVIN D HYDE. JANICE F HYDE, (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: 1539 TOMS CANYON RD AUBURN, WY 83111 -0000 [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 KEVIN D AND JANICE F HYDE FAMILY 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. 1/2 Documents Processed 10 -18 -2012 08:46:22 By signing below, the undersigned Trustee(s) accept(s) and agree(s) to the terms and provisions contained in this Third Party Rider. V D HYDE, TRUSTEE 0 T KEVIN D AND JANICE F HYDE FAMILY TRUST, DATED JUNE 12, 2001 JANI HE- 101137 -0212 HYDE, THE KEVIN D Attach this Rider to the Security Instrument before Recording 3rd Party Rider, HE101137 HCWF #132.v10 (11/15/08) JANICE F HYDE FAMILY TRUST, DATED JUNE 12, 2001 003 2/2 Documents Processed 10 -18 -2012 08:46:22 0 Order No.: FCPF- 7001201086 For APN /Parcel ID(s): 12- 3319 -34 -2- 00- 111.00 EXHIBIT "A" 00311 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LINCOLN, STATE OF Wyoming, AND IS DESCRIBED AS FOLLOWS: NORTHWEST QUARTER NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 33 NORTH, RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING. EXCEPTING PROPERTY DESCRIBED IN QUITCLAIM DEED RECORDED AUGUST 25, 2004, IN BOOK 565PR, PAGE 653, RECORDS OF LINCOLN COUNTY, WYOMING. ALSO INCLUDING: THE SOUTH 60 FEET OF THE EAST 860 FEET OF THE SOUTHWEST QUARTER SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 33 NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING.