HomeMy WebLinkAbout938287
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6010816604
Prepared by and after recording
Kleinsmith & Associates, P.C.
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417
RECEIVED 4/15/2008 at 4:12 PM
return to: RECEIVING # 938287
BOOK: 692 PAGE: 91
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
This space is for recording data
000091
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) Defaults. Certain Defaults Causing Foreclosure have occurred
on the Mortgage, Deed of Trust, Trust Indenture or Security
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 YOù
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
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research the status of title before submitting a bid.
000092
The property being foreclosed upon (the "collateral") may be
subject to other liens and encumbrances that will not bê
extinguished at the sale and any prospective purchaser shoulg
research the status of the title before submitting a bid. ',I
(4) Sale. The Collateral will be sold for cash or certified fundè
of the United States of America at public auction without
warranties or guarantees at:'
Date of Sale:June 10, 2008 Place of Sale:Front Steps of the
Lincoln County Courthouse, 925 Sage Ave.,
Kemmerer, WY
Time of Sale:10:00am
(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.
4~
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Phili M. Klel - mit~ .
Attorney 5-2952
Attorney for Present Mörtgagee(s)
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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 April 11, 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 pag~
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 ort
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: 10/21/2011.
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Address of Notary:
6035 Erin Park Dr., #203
Colorado Springs, CO 80918
Typed Name:Angenette Linaman
( SEAL)
000093
Identifvinq Data of Debt, the Collateral and Collateral Instrument
The Debt:
Dated.... ....:3/7/2007 Original Principal Balance.. ..:$158,400.00
Original Borrower(s) :See Below
Present Borrower(s) :See Below
Original Creditor(s) :See Below
Present Creditor(s) :See Below
Defaults Causing Foreclosure: Non-Payment of periodic Payments since:10/1/2007
Present Principal Balance
(i.e. as of 10/1/2007)$157,893.14
Daily Interest
after same date.... ... ..$36.01
Estimated Total Costs.. .$_____1800.0Q
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 # :12-3119-13-4-01-019.00 & 12-3119-13-4-01-019.00
Common Description. . . .. 325 Hialeah Road
Osmond, WY 83110
Legal Description. . . . .. :LOT 16 OF HIALEAH SUBDIVISION, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT FILED ON MAY 27, 1982 AS INSTRUMENT NO. 578121 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK.
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.... ..:03/7/2007
Date Recorded or Filed....:03/15/2007
Recording
Data.......:Book 651, Page 372
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 Corp. an OP. R
SUB. of MLB&T CO., FSB
Original Borrower(s), Mortgagor(s),
Grantor(s) or Trustor(s) Name(s)
& Address (es)
Clayton Steed
Present Creditor(s) Mortgagee(s),
Beneficiary(ies) or Secured party(ies)
Name(s)& Address (es) :LaSalle Bank N.A. as
Trustee for First Franklin Mortgage Loan Trust
2007-2, Mortgage Loan Asset Backed
Certificates Series 2007-2
Present Borrower(s), Mortgagor(s)
Trustor(s) Names & Address (es)
Clayton Steed
325 Hialeah Road
Osmond, WY 83110
Present Owner(s) of Collateral
Names and Address (es)
Clayton H. Steed and Heather Steed
325 Hialeah Road
Osmond WY 83110
.'
Occupants
325 Hialeah Road
Osmond, WY 83110
List of Addressees
û00094
Clayton Steed
325 Hialeah Road
Osmond, WY 83110
Clayton H. Steed
325 Hialeah Road
Osmond, WY 83110
Heather Steed·
325 Hialeah Road
Osmond, WY 83110
Clayton Steed
371 E. Saunders Street
Murray, UT 84108
Clayton H. Steed
371 E. Saunders Street
Murray, UT 84108
Heather Steed
371 E. Saunders Street
Murray, UT 84108
Clayton Steed
371 E. Saunders Street
Salt Lake City, UT 84107
Clayton H. Steed
371 E. Saunders Street
Salt Lake City, UT 84107
Heather Steed
371 E. Saunders Street
Salt Lake City, UT 84107
Mortgage Electronic Registration
Systems, Inc.
PO Box 2026
Flint, MI 48501-2026
First Franklin Financial Corp.,
an OP SUB of MLB&T CO., FSB
2150 North First Street
San Jose, CA 95131
000095
1. Wyominq's Cure Riqhts
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 infe~ior
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,
access to the courts is a constitutional right.
although
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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.
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