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HomeMy WebLinkAbout973564After Recording Return To: W ils Fargo Bank .A. Attn::.cume gt. P.O. Box 7 MAC 55 -01 Bill,' gs, MT 59107 -9.10 ATI# Reference Number: 20132339900059 RECEIVED 10/3/2013 at 2:18 PM RECEIVING 973564 BOOK: 821 PAGE: 639 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AFTER RECORDING, RETURN TO: AMERICAN TITLE, INC. P.O. BOX 641010 OMAHA, NE 68164 -1010 OP [Space Above This Line For Recording Data] Account Number: 682 682 1678256 -1 xxx SHORT FORM LINE OF CREDIT MORTGAGE 0639 DEFINITION S 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 September 12, 2013, together with all Riders to this document. (B) "Borrower" is DENNIS H. MOSS AND PATRICIA L. MOSS, TRUSTEES OF THE MOSS LIVING TRUST, DATED JULY 02, 2003. 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 September 12, 2013. 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, ONE HUNDRED THOUSAND AND 00 /100THS Dollars (U.S. $100,000.00) 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 October 12, 2043. WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 1 of 5 pages) HCWF #4818- 6698 -6241 v2 (08/18/2012) WY- 107006 -0312 Documents Processed 09 -11 -2013 16:14:45 (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 [mark as applicable]: N/A Leasehold Rider X Third Party Rider N/A Other(s) [specify] N/A (1-1) "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 FOLLOWING DESCRIBED TRACT OF LAND IN LINCOLN COUNTY, STATE OF WYOMING, HEREBY RELEASING AND WAIVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE STATE OF WYOMING, TO WIT: ALL OF LOT 88 IN STAR VALLEY RANCH PLAT 17, LOCATED IN LINCOLN COUNTY, WYOMING, FILED MAY 3, 1979 AS INSTRUMENT NO. 523541 IN THE OFFICE OF THE LINCOLN COUNTY CLERK. which currently has the address of 47 LAST CHANCE CIRCLE HC 62 BOX 7494 [Street] STAR VALLEY RANCH [City] WYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT HCWF #4818 6698 -6241 v2 (08/18/2012) WY- 107006 -0312 Wyoming 83127 [Zip Code] "Property Address (page 2 of 5 pages) Documents Processed 09 -11 -2013 16:14:45 0640 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 -6241 v2 (08/18/2012) WY- 107006 -0312 (page 3 of 5 pages) Documents Processed 09 -11 -2013 16:14:45 064 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. ATRIC1A L. MOSS, TRUSTEE OF THE M SS LIVING TRUST, DATED JULY 2, 2003 Borrower DENNIS H. MOSS, TRUST OF THE MOSS LIVING TRUST, DATED JULY 2, 2003 Borrower VVYOMING -SHORT FORM OPEN -END SECURITY INSTRUMENT (page 4 of 5 pages) Documents Processed 09 -11 -2013 16:14:45 HCVVF #4818 6698 -6241 v2 (08/18/2012) WY- 107006 -0312 0642 For An Individual Acting In His /Her Own Right: State of County of This instrument was acknowledged before me on (date) by (name(s) of persons) (Seal, if any) For An Individual Trustee Borrower: State of Lk/ S County of This instrument was acknowledged before me o (name(s) of persons) as taA (type of authority, e.g. officer, trustee, etc of uvi n �;Tn.�} (name of party on behalf of whom instrument was executed. TEIRR`dg •IDDOWAY NOTARY MUG h C L nep al Wyoming M Commission Ives Jul 27, 2015 (Seal, if any) WYOMING SHORT FORM OPEN END SECURITY INSTRUMENT Notary Public My Commission Expires: 1Q,4)17 v r Notary My Commission Expires: (page 5 of 5 pages) HCWF #4818- 6698 -6241 v2 (08/18/2012) WY- 107006 -0312 Documents Processed 09 -11 -2013 16:14:45 0643 Reference Number: 20132339900059 Account Number: 682 682 1678256 -1998 Welts Wargo Bank, N. A. aomommo seem THIRD PARTY RIDER THIS THIRD PARTY RIDER is made on September 12, 2013 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 PATRICIA L MOSS, DENNIS H MOSS, (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: 47 LAST CHANCE CIRCLE HC 62 BOX 7494, STAR VALLEY RANCH, WY 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 MOSS 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 tern 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. 3rd Party Rider, HE101'137 HCWF #132.v10 (11/15/08) 1/2 Documents Processed 09 -11 -2013 16:14:45 HE- 101137 -0212 By signing below, the undersigned Trustee(s) accept(s) and agree(s) to the terms and provisions contained in this Third Party Rider. ?...A T RJ_CIA L. MOSS, TRUSTEE OF THF(MOSS LIVING TRUST, DATED JULY 2, 2003 3rd Party Rider, HE101137 HCWF #132.v10 (11/15/08) HE- 101137 -0212 USTEE !.F THE MOSS LIVING TRUST, DATED JULY 2, 2003 Attach this Rider to the Security Instrument before Recording 2/2 Documents Processed 09 -11 -2013 16:14:45 0645