HomeMy WebLinkAbout947520RECEIVED 6/2/2009 at 1:06 PM
Prepared by and after recording return to: RECEIVING # 947520
Kleinsmith & Associates, P.C. BOOK: 724 PAGE: 326
6035 Erin Park Dr., Ste. 203 JEANNE WAGNER
Colorado Springs, CO 80918 LINCOLN COUNTY CLERK, KEMMERER, WY
1-800-842-8417
C"Ou326
This space is for recording data
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 Rights and an Obligation. 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. 600-327
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:July 28, 2009 Place of Sale:Front Steps of the
Lincoln County Courthouse,
Time of Sale:10:00 a.m. 925 Sage Ave., Kremmerer, WY
(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
hili .M. 1 smith Colorado Springs, CO 80918
Atto ey 1-800-842-8417
State of Colorado)
County of E1 Paso)
On 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: Address of Notary:
6035 Erin Park Dr., 4203
Colorado Springs, CO 80918
Typed Name: Joanna E. Nash
JOANNA E. NASH
(SEj TARY PUBLIC
OF COLORADO
My Commission Expires 121510
ignature
1. Wyoming's Cure Rights
000328
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. Wyoming's Redemption Rights
(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. Wyoming's Judicially Supervised Foreclosure Right
Statutorily, this state does not grant such a right, although
access to the courts is a constitutional right.
4. Wyoming's Deficiency Obligation
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.
7195932193
Jail L L"4 L•4V Iuu I/VuI
10:20:17a.m. 06-02-200 1/1
,00329
Identifying Data of Debt, the Collateral and Collateral Instrument
The Debt:
Dated :7/17/2007 Original Principal Balance 243,200.00
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:2/1/2009.
Present Principal Balance
(i.e. as of 2/1/2009)$242,782.12
Attorney Fees for
Completed Default Matter, including
Foreclosure, of Collateral
listed below $ 600.00
Daily Interest
after same date $ 59,19
Estimated Total Costs 1800.00
Present Value of
of Collateral $ Unknown
The Collatera :
Real Estate (Mortgaged Property or Trust Property or Property):
Assessor's Tax Serial # :12-3518-31-1-12-092.00
Common Description..... :18 Solitude Dr
Star Valley Ranch, WY 83127
Legal Description...... :LOT 1 OF STAR. VALLEY RANCH PLAT 12, LINCOLN COUNTY, WYOMING
AS DESCRIBED ON THE OFFICIAL PLAT FILED ON AUGUST 10, 1977 AS INSTRUMENT N0. 496703
OF THE RECORDS OF THE LINCOLN COUNTY CLERK.
Mobile or Manufactured Home or Other Collateral:
Common Description:
Legal Description :
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 :7/17/2007
Recording
Data :Receiving #931467
Original Trustee Name & Address(es)
Date Recorded or Filed :7/20/2007
Original Principal Balance: $(see above)
Original Creditor(s), Mortgagee(s),
Beneficiary(ies)
or Secured Party(ies) Name(s) & Address(es):
Mortgage Electronic Registration Systems Inc.
acting solely as Nominee for First Franklin
Financial Corp. an OP.SUB. of MLB&T Co. FSB
Original Borrower(s), Mortgagor(s), Present Creditor(s) Mortgagee(s),
Grantor(s) or Trustor(s) Name(s) Beneficiary(ies) or Secured Party(ies)
& Address(es) Name(s)& Address(es):Bank of America, NA as
Charles Fazio successor by merger to LaSalle Bank NA, as 18
Solitude Dr Trustee for Merrill Lynch First Franklin
Star Valley Ranch, WY 83127 Mortgage Loan Trust, Mortgage Loan Asset-
Backed Certificates, Series 2007-H1
Present Borrower(s), Mortgagor(s) Present Owner(s) of Collateral
Trustor(s) Names & Address(es) Names and Address(es)
Charles Fazio Charles Fazio
18 Solitude Dr 18 Solitude Dr
Star Valley Ranch, WY 83127 Star Valley Ranch, WY 83127