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Home My WebLink About952254Prepared by and after recording return to: Kleinsmith Associates, P.C. RECEIVED 2/22/2010 at 10:21 AM 6035 Erin Park Dr. Ste. 203 RECEIVING# 952254 Colorado Springs, CO 80918 BOOK: 742 PAGE: 781 1- 800 842 -8417 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY This space is for recording data Foreclosure Notices Of: You are notified that: (1) Defaults; (2) Some Rights and an Obligation; (3) Election To Sell; (4) Sale; and (5) Government Claims 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. 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: April 20, 2010 Place of Sale:Lincoln County Time of Sale: 10:00 a.m. Courthouse, Front Steps 925 Sage Avenue 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. Philipl M. Attorney State of Colorado) County of El P so) On V4 )k i N)K) 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: 08/18/12. Address of Notary: 6035 Erin Park Dr., #203 Colorado Springs, CO 80918 Typed Name: Alycia A. Gostnell Attorney for Present Mortgagee(s) and /or Substitute Trustee 6035 Erin Park Dr., #203 Colorado Springs, CO 80918 1- 800 842 -8417 Identifying Data of Debt, the Collateral and Collateral Instrument The Debt: Dated 8/15/2007 Original Principal Balance $136,696.00 Original Borrower(s):See Below Present Borrower(s):See Below Original Creditor(s):See Below Present Creditor(s):See Below Present Principal Balance (i.e. as of 8/15/2007) $136,696.00 Attorney Fees for Completed Default Matter, including Present Value of Foreclosure, of Collateral of Collateral Unknown listed below 600.00 The Collateral: Real Estate (Mortgaged Property or Trust Property or Property): Assessor's Tax Parcel 12- 3718- 29 -4 -00- 001.00 Daily Interest after same date 29.92 Estimated Total Costs $1800.00 Defaults Causing Foreclosure: Non Payment of Periodic Payments since: 8/15/2007. Common Description Lot 11 Greys River Village Alpine, WY 83128 Legal Description Lot Eleven (11) of the Greys River Village Second Addition to the Town of Alpine, Lincoln County, Wyoming, According to that plat filed July 22, 1994 as Document Number 787017 and Map Number 227 -B, in the Office of the Clerk, Lincoln County, Wyoming Mobile or Manufactured Home or Other Collateral: Common Description: none known Legal Description none known 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 8/15/2007 Recording Data: 932212 BK# 669 PG #10 Original Trustee Name Address(es): N/A Original Borrower(s), Mortgagor(s), Grantor(s) or Trustor(s) Name(s) Address(es): Robert Pooser Lot 11 Greys River Village Alpine, WY 83128 Present Borrower(s), Mortgagor(s) Trustor(s) Names Address(es): Robert Pooser Lot 11 Greys River Village Alpine, WY 83128 (1) Date Recorded or Filed 8/16/2007 1 Original Principal Balance: $(see above) Original Creditor(s), Mortgagee(s), Beneficiary(ies) or Secured Party(ies) Name(s) Address(es): Bank of the West P.O. Box 528, 160 West Pearl Street Jackson Hole, WY 83001 Present Creditor(s) Mortgagee(s), Beneficiary(ies) or Secured Party(ies) Name(s)& Address(es):Bank of the West Bank of the West, care of Mortgage Default Services, LLC, 2608 West Howesdale Road Spokane, WA 99208 Present Owner(s) of Collateral Names and Address(es): Robert Pooser Lot 11 Greys River Village Alpine, WY 83128 Occupant Lot 11 Grey's River Village Alpine, WY 83128 Robert Pooser Lot 11 Grey's River Village Alpine, WY 83128 Robert Pooser PO Box 6423 Jackson, WY 83002 List of Addressees Robert Pooser 4650 S Little Horsethief Lane Jackson, WY 83002 Robert Pooser PO Box 3656 Alpine, WY 83128 43 X84 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 (B) Owner's Redemption Period 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. 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.