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HomeMy WebLinkAbout938287 'V' 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 v ,"" "." 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~ ?/./ , Phili M. Klel - mit~ . Attorney 5-2952 Attorney for Present Mörtgagee(s) ">.1 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. '-!'\Áf\ 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 '" 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. '.J