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HomeMy WebLinkAbout949275Prepared by and after recording return to: RECEIVED 9/3/2009 at 4:15 PM Kleinsmith & Associates, P.C. RECEIVING # 949275 6035 Erin Park Dr., Ste. 203 BOOK: 731 PAGE: 208 Colorado Springs, CO 80918 JEANNE WAGNER 1-800-842-8417 LINCOLN COUNTY CLERK, KEMMERER, WY This space is for recording data Amended 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 4:0 20 research the status of title before submitting a bid. 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: November 3, 2009 Time of Sale: 10:00 a.m. Place of Sale:Front Steps Lincoln County Courthouse, 925 Sage Ave., Kremmerer, of the 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 Ph' ip M. K nsmith Colorado Springs, CO 80918 Attorney 1-800-842-8417 State of Colorado) County of El Paso) On '„ZA t 2©09 before me, personally appeared Philip M. Kleinsmlth, 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: JOANNA E. NASH Address of Notary: SEA, INOTARY PUBLIC 6035 Erin Park Dr., #203 TEOFCOLORADO My 4mmission Expires 12151 Colorado Springs, CO 80918 Typed Name: Joanna E. Nash Si nature 2x0 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 Daily Interest after same date $ 59.19 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 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 NO. 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 4931467 Date Recorded or Filed.... :7/20/2007 Original Principal Balance: $(see above) Original Trustee Name & Address(es) 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 (1) List of Addressees Occupant 00 18 Solitude Drive Star Valley Ranch, WY 83127 Charles Fazio 18 Solitude Drive Star Valley Ranch, WY 83127 Charles Fazio PO Box 1117 Thayne, WY 83127 Lincoln County Sheriff 1032 Beech Street Kemmerer, Wyoming 83101 1. Wyoming's Cure Rights'. 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.