HomeMy WebLinkAbout957675RECORDING REQUESTED BY
AMERICA'S SERVICING COMPANY/
WELLS FARGO
AND WHEN RECORDED MAIL TO:
Name: AMERICA'S SERVICING COMPANY/
WELLS FARGO
Street Address: P.O. BOX 10388
City State: DES MOINES, IA 50306 -0388
RECEIVED 1/18/2011 at 12:00 PM
RECEIVING 957675
BOOK: 760 PAGE: 843
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF RESCISSION
Of Declaration of Default and Demand for Sale and of
Notice of Default and Election to Sell under Deed of Trust
Assessor's Parcel No: 12- 3718- 18 -4 -02- 010.00
NOTICE IS HEREBY GIVEN:
1. THAT, EARL J. CACHO and SUSAN RAE CACHO was the original Trustor(s), and
Alliance Title and Escrow Corporation was the original Trustee, and AMERICA'S SERVICING
COMPANY /WELLS FARGO was the original Beneficiary under that certain Deed of Trust
Dated 02/06/06, and recorded on 02/16/2006, as Doc. No. 916056, in the Official Records of
Lincoln County, Wyoming;
2. THAT, THE DEED OF TRUST encumbers real property located in the county of Lincoln,
State of Wyoming, described as follows:
LEGAL DESCRIPTION:
Lot 68B of Alpine Village Subdivision No. 1, Plat 3 Amended Lincoln County, Wyoming
MORE COMMONLY KNOWN AS: 145 Elkhorn Drive, Alpine, WY 83128
000843
3. THAT, the written NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF
TRUST, was Recorded 02/16/2006, Document No.916056, of Official Records in the office of the
Recorder of Lincoln County is HEREBY RESCINDED, CANCELLED AND IS AND
SHALL BE OF NO FORCE AND EFFECT WHATSOEVER.
See Exhibit A -Duly Tendered Promissory Note.
Dated: 11/30/10
AMERICA'S SERVICING COMPANY/WELLS FARGO as agent for beneficiary,
Earl J. Cacho and Susan Rae Cacho, Authorized Signatures
00084 41
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF WYOMING
COUNTY OF LINCOLN
On II 030 IX) "ID before me, L.:1;5 1 E f NS J ,NOTARY PUBLIC, personally
appeared c1 r 1 3 CA ccto and 50.s0.h Rex.. Ca c ha who proved to me on the basis
of satisfactory evidence to be the person whose mane is subscribed to the within instrument and
acknowledged to me that he /she executed the same in his /her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Wyoming that the
WITNESS my ha d and official seal.
Signatur Ade, /r' L 6"
NOTARY PUBLIC
LESLIE V. JORGENSEN NOTARY PUBLIC
COUNTY OF i'. STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES APRIL 5, 2011
CO S45
EXHIBIT A
EXHIBIT A
eOOS4
Febru. 6, 2006
(Date]
145 ELKHORN DRI Alpine, WY 83128
1. BORROWER'S PRO
In return for a loan that I h
plus interest, to the order of the Le
I will make all payments under this Note in
I understand that the Lender ma
to receive payments under this Note is
InterestFirsts" NOTE
Kemmerer
2. INTEREST
Interest will be charged on unpaid principal un
of 6.500
The interest rate required by this Section 2 is the ra
this Note.
(13) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. 1,283./5
and thereafter will be in the amount of U.S. 1,767.01
change in tnonlhly payment.
[ay]
[Property Address]
3. PAYMENTS
(A) Time and Place of Payments �l
I will make a payment every month. This payment will be for intcrest,o
consist of principal and interest.
I will make my monthly payment on the 1st day of each month begin
make these payments every month until 1 have paid all of the principal and interest an
may owe under this Note. Each monthly payment will be applied as of its scheduled due
principal and interest it will be applied to interest before Principal. If, on March 1, 2036
under this Note, I will pay those amounts in full on that dale, which is called the "Maturity Date.
I will make my monthly payments at PO Box 660029, Dallas, TX 75266 —0O29
or at a different place
GOC #:315831 APPL #:0001164033
MULTISTATE Iateres:First FIXED RATE NOTE Slagle Family- Fannie Mae UNIFORM INSTRUMENT
WIC_ x210
-536N (0210) Form 32911/01
VMP MORTGAGE FORMS (803)521 7291
P.gc 1 013 InUl.
120
April 1,
other charges
e, and if the
for the first 120
The Note Holder will notify
Op y a
Wyoming
[State]
TO PAY
received, I .romise to pay U.S.$ 237, 000.00 (this amount is called "Principal
American Brokers Conduit
h, check or money order.
ote. The Lender or anyone who takes this Note by transfer and who is entitled
older.')
Principal has been paid. l will pay interest at a yearly rate
t before and after any default described in Section 6(B) of
months, and then will
2006 I will
described below that 1
payment includes both
I still owe amounts
quired by the Note Holder.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is t .wn as a
"Prepayment." When 1 make a Prepayment, l will tell the Note Holder in writing that I am doing so. I may not designate a r: meat
as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to
the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
Note. If I make a partial Prepayment, there will be no changes in the due date of my monthly payment unless the Note Holder
11
s of this Note,
or to the date of
1111111111111111
e S 4"
agrees in writing to those changes. However, if the partial Prepayment is made during the period when my monthly payments
consist Maly of interest, the amount of the monthly payment will decrease for the remainder of the term when my payments consist
only of into t as well as during the time that my payments consist of principal and interest. If the partial Prepayment is made
during the perio when my payments consist of principal and interest, the amount of my monthly payment will not decrease;
however, the princi. +1 and the interest required under this Note will be paid prior to the Maturity Date.
5. LOAN CHARGES
If a law, which applies this loan
loan charges collected or to be
shall be reduced by the amount a
which exceeded permitted limits will
Principal I owe under this Note or by m
a partial Prepayment.
6. BORROWER'S FAILURE TO P
(A) Late Charge for Overdue Paj(nent
If the Note Holder has not received full amo
after the date it is due, I will pay a late charge to
my overdue payment of interest and/or princip
payment.
(B) Default
If I do not pay the full amount of each monthly paym
(C) Notice of Default
if 1 am in default, the Note Holder may send me a written
certain date, the Note Holder may require me to pay hntnediately the
interest that I owe on that amount, That date must be at least 30 days after th
by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me t
the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
if the Note Holder has required me to pay immediately in full as described above, the
paid back by me for all of its costs and expenses in enforcing this Note to the extent not pro
expenses include, for example, reasonable attorneys' fees.
'7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different addr I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by ma first class
mail to the Note Holder al the address stated in Section 3(A) above or al a different address if I am given a notice oil different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is o
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety o
endorser of this Note, is also obligated to keep all of the promises made in this Note, The Note Holder may enforce its rights under
this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of
the amounts owed under this Note.
DOC #:315832
-836N (0110
.nnecr
and which sets maximum loan charges, is finally interpreted so that the interest or other
with this loan exceed the permitted limits, then: (a) any such loan charge
e charge to the permitted limit; and (b) any sums already collected from me
to me. The Note Holder may choose to make this refund by reducing the
ymcnt to mc. If a refund reduces Principal, the reduction will be treated as
APPL 4:0001164033
Alp 3 f3
onthly payment by the end of 15 calendar days
amount of the charge will be 5. 000 %n of
I pay this late charge promptly but only once on each late
is due, I will be in default.
11 •r► e that if I do not pay the overdue amount by a
11 ,4 incipal which has not been paid and all the
on h the notice is mailed to me or delivered
o y cdiatcly in full as described above,
ave the right to be
cable law. Those
eoos4'
coc ®:315803
-83fiN OM)
9. WAIVERS
I and any other person o has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to uire the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to gt notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument
Note Holder under this Note, a Mortgage, D
Note, protects the Note Holder from possible I
That Security Instrument describes how and wade
amounts I owe under this Note. Some of those co
If all or any part of the Property y
natural person and a beneficial interest in Borro
Lender may require immediate payment in full
option shall not be exercised by Lender if such
If Lender exercises this option, Lend r sh
a period of not less than 30 days from the
Borrower must pay all sums secured by this S
expiration of this period, Lender may invoke any r
notice or demand on Borrower.
AND SEAL(S) OF THE UNDERSIGNED.
(Seal)
Borrower
5 in snrne jurisdictions. hi addition to the protections given to the
ty Deed (the "Security Instrument dated the same date as this
t result if I do not keep the promises which I make in this Note.
ditions I may be required to make immediate payment in full of all
e1ej0e1/ as follows:
in the Property is sold or. transferred (or if Borrower is not a
without Lender's prior written consent,
red, by this Security Instrument. However, this
y Applicable Law.
r notice of acceleration. The notice shall provide
given in accordance with Section 15 within which
eat. If Borrower fails to pay these sums prior to the
rmitted by this Security Instrument without further
S' SAN RAE CAUL,
(Seal)
Borrower
(Seal) (Seal)
Borrower Borrower
(Seal) (Seal)
Borrower Borrower
(Seal) (Seal)
Borrower BorkQwer
APPL #:0001164033
[Sign Original Onlyj
Farm 32711/01
000849