HomeMy WebLinkAbout936115
6010716276
Prepared by and after recording return
Kleinsmith & Associates, P.C.
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417
to: RECEIVED 1/9/2008 at 10:52 AM
RECEIVING # 936115
BOOK: 683 PAGE: 364
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
This space is for recording data
000364
Foreclosure
Notices Of:
(1) Defaults;
(2) Some Rights and an Obligation;
(3) Election To Sell;
(4) Sale; and
(5) Government Claims
You are notified that:
All words and phrases herein which have the first letters thereof
capitalized are defined on the attached Identifying Data of Debt,
Security Agreement and Security, consisting of one page.
'1 -¿,.
J (1) Defaults. Certain Defaults Causing Foreclosure have occurred
on the Mortgage, Deed of Trust, Trust Indenture or Security
{ (a Agreement Being Foreclosed.
(2) Some Riqhts and an Obliqation. The only purposes hereof are
to sell the Collateral and to extinguish all claims thereto.
This is not a demand that any person make a payment.
It does inform any person claiming an interest in the
Collateral that he may have a Cure Right, a Redemption Right and a
Judge Supervised Foreclosure Right. It also states whether there
can be an obligation for a deficiency. These rights and that
obligation are briefly described on the attachment hereto (said
attachment is not attached to the copies hereof which may be
published) . The exercise of either the Cure Right and/or the
Owner's or Liable Parties Redemption Right before sale will nullify
this sale. Any redemption after sale, if permitted, will make the
person who last redeems the owner of the Collateral or the Debt.
Only your attorney can explain all of your rights and duties
in this matter. No one in the undersigned's office will give you
legal advice.
YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION.
(3) Election . to Sell. Because of the Defaults Causing
Foreclosure, the Present Mortgagee has elected and intends to sell
or cause to be sold the Collateral. The effect of such a sale will
be to deprive all persons who claim an interest in the Collateral
of any right thereto, except as otherwise provided by law.
The property being foreclosed upon (the "Collateral") may be
subject to other liens and encumbrances that will not be
extinguished at the sale and any prospective purchaser should
research the status of title before submitting a bid. 000365
The property being foreclosed upon (the "collateral") may be
subject to other liens and encumbrances that will not be
extinguished at the sale and any prospective purchaser should
research the status of the title before submitting a bid.
(4) Sale. The Collateral will be sold for cash or certified funds
of the United States of America at public auction without
warranties or guarantees at:
Date of Sale:March 4, 2008Place of Sale:Lincoln County Courthouse
Time of Sale:10:00 AM 925 Sage St, Kemmerer, WY 83101
(5) Government Claims. To these Notices, except those that are
published, there are attached copies of the written recorded claim
of any governmental agency against the Collateral. These agencies
have been given notice in a timely and legally correct manner to
terminate their rights to the Collateral.
Attorney for Present Mortgagee(s)
and/or Substitute Trustee
6035 Erin Park Dr., #203
Colorado Springs, CO 80918
1-800-842-8417
State of Colorado)
County of El Paso)
On January 4, 2008, before me, personally appeared Philip M.
Kleinsmith, as said attorney and/or Substitute Trustee, personally
known to me and/or proven to be said person whose name is
subscribed to this Foreclosure Notices of: (1) Defaults; (2) Some
Rights and an Obligation; (3) Election to Sell; (4) Sale, and; (5)
Government Claims consisting of five or more pages in total: two
pages of said Notices, one page of Identifying Data Debt, Security
Agreement and Security; one page of List of Addressee(s); one page
of Cure Rights, Redemption Rights, Judicially Supervised
Foreclosure Right, and; any Governmental Claims. That person
acknowledged to me that said person executed the same in said
person's authorized capacity and that by said person's signature on
said instrument, the person or entity on behalf of which the person
acted, executed said instrument. Witness my hand and official
seal. My Commission Expires: 11/7/2010.
Address of Notary:
6035 Erin Park Dr., #203
Colorado Springs, CO 80918
Typed Name:Kristine Sales
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IvlY COfAMi~;Ê/"/j~tEXPIF1ES
1/07/201 0
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000366
Identifvinq Data of Debt, the Collateral and Collateral Instrument
The Debt:
Dated. .......:12/18/2006 Original Principal Balance.... :$173,200.00
Original Borrower(s) :Sherri L. McClintock and Kit R. Long
Present Borrower(s): Sherri L. McClintock and Kit R. Long
Original Creditor(s) :First Franklin, a Division of National City Bank
Present Creditor(s) :LaSalle Bank, NA, as Trustee for First Franklin Mortgage Loan
Trust 2007-FF2, Mortgage Loan Asset Backed Certificates Series 2007-FF2
Defaults Causing Foreclosure: Non-Payment of Periodic Payments since:9/1/2007
Present Principal Balance
(i.e. as of 9/1/2007)$173,200.00
Daily Interest
after same date.........$ 37.01
Estimated Total Costs.. .$1800.00
Attorney Fees for
Completed Default Matter, including
Foreclosure, of Collateral
listed below... ..$600.00
Present Value of
of Collateral..........$ Unknown
The Collateral:
Real Estate (Mortgaged Property or Trust Property or Property) :
Assessor's Tax Parcel # :12-3219-16-4-00-271.00
Common Description..... :6645 Hwy 238
Afton, WY 83110
Legal Description...... :See Exhibit "A"
Collateral Instrument (Mortgage, Deed of Trust, or Trust Indenture or Security
Agreement Being Foreclosed Per Real Estate Records of County Where Real Estate is
Located or other records where Collateral Instrument filed):
Dated...... :12/18/2006
Date Recorded or Filed.. ..:12/29/2006
Recording
Data.......:Book 645PR Page 150___
Original Trustee Name & Address (es)
N/A
Original Principal Balance: $(see above)
Original Creditor(s), Mortgagee(s),
Beneficiary (ies)
or Secured Party(ies) Name(s) & Address (es) :
First Franklin, a Division of National City
Bank
Original Borrower(s), Mortgagor(s),
Grantor(s) or Trustor(s) Name(s)
& Address (es)
Sherri L. McClintock and Kit R. Long
6645 Hwy 238
Afton, WY 83110
Present Creditor(s) Mortgagee(s),
Beneficiary(ies) or Secured Party(ies)
Name(s)& Address (es) :LaSalle Bank, NA, as
Trustee for First Franklin Mortgage Loan
Trust 2007-FF2, Mortgage Loan Asset Backed
Certificates Series 2007-FF2
Present Borrower(s), Mortgagor(s)
Trustor(s) Names & Address (es)
Sherri L. McClintock and Kit R. Long
6645 Hwy 238
Afton, WY 83110
Present Owner(s) of Collateral
Names and Address (es)
Sherri L. McClintock and Kit R. Long
6645 Hwy 238
Afton, WY 83110
(1)
Occupants
6645 Hwy 238
Afton, WY 83110
Sherri L. McClintock
6645 Hwy 238
Afton, WY 83110
Kit R. Long
6645 Hwy 238
Afton, WY 83110
Sherri L. McClintock
Po Box 223
Afton, WY 83110
Kit R. Long
Po Box 223
Afton, WY 83110
MERS
Po Box 2026
Flint, MI 48501
First Franklin, a div
of National City Bank
2150 N First Street
San Jose, CA 95131
Frank E. Magee III
& Helen Magee
Po Box 826
Afton, WY 83110
List of Addressees
000367
1. WYominq's Cure Riqhts
000368
Any Defaults Causing Foreclosure may be cured before the
foreclosure sale by anyone claiming an interest in the Real Estate,
i.e. performing any acts or paying whatever monies are necessary to
negate said defaults, other than principal which would not be due
had no default occurred, plus attorneys fees and costs (Law of
Equity and/or the following statutes: None).
2. WYominq's Redemption Riqhts
(A) Redemption
Redemption is the right to pay-off the debt before said sale and,
sometimes, the right to pay the successful foreclosure bid for a
specified time after sale.
(B) Owner's Redemption Period
Owners and liable parties may redeem during the 3 months after sale
(12 months for agricultural property) (WY ST 1-18-103) .
(C) Inferior Lienholder's Redemption Period
Any inferior lienholder may redeem during the 30 days after the
owner's redemption period if no owner has redeemed. Any other
inferior lienholder may redeem within 30 days of another
lienholder's redemption, ad infinitum (WY ST 1-18-104ff).
(D) State's Redemption Period
The State's redemption right is the same as any other inferior
lienholders (see (C)).
(E) IRS Redemption Period
The IRS may redeem as long as an inferior lienholder may redeem
(see (C) and 26 USC 7425) .
3. WYominq's Judicially Supervised Foreclosure Riqht
Statutorily, this state does not grant such a right, although
access to the courts is a constitutional right.
4. Wyominq's Deficiency Obliqation
A deficiency is the part of the Debt which is not paid by the
successful bid at the foreclosure sale. Wyoming permits a separate
suit to collect a deficiency if the Debt has not been discharged in
bankruptcy.
Fonn No. 1056.92 (1O/17/Q2)
AL T A Loan Policy Form 1
Policy No.: CW728S300
Page 4 of!!
EXHIBIT A
000369
File No. 6010616329 Legal Description
The land refelTed to in this document is situated in the State of Wyoming, COWlty ofLióco)n, and is
described as follows:
That part of the SEl/4SEl/4 of Section 16, Township 32 North Range 119 West of the 61h P.M.,
Lincoln County, Wyoming being part of that tract of record in the Office of the Clerk of
Lincoln County in Book 379PR on page 282, and all of that tract of record in Book 387PR on
page 46 described as follows:
Beginning at the Northwest corner of said SEI/4SEl/4, within the bounds ofWyonúng State
Highway 238 and running thence North 89°30'19" East, 552.18 feet, along the North line of
said SEl/4SEl/4, to a point;
thence South 00°02'29" West, 193.62 feet, along an existing fence line., in part, to a point;
thence South 88°43'53" West, 551.87 feet to a point on the West line of said SEl/4SEl/4, within
the bounds of said Highway 238;
thence North 00°04'57" West, 201.07 feet, along said West line., to the CORNER OF
BEGINNING.
Firsl Ame/1ca" Tille