HomeMy WebLinkAbout959750RECEIVED 6/21/2011 at 10:51 AM
Requested and Prepared by: RECEIVING 959750
ESC TRUST BOOK: 768 PAGE: 287
When Recorded Mail To: JEANNE WAGNER
ESC TRUST LINCOLN COUNTY CLERK, KEMMERER, WY
P.Q. Box 3813/145 Elkhorn Dr.
Alpine, Wyoming 83128
Space above this line for recorder's use
MORE. COMMONLY_ KNOWN. AS: 145 Elkhorn Dr. Alpine, Wyoming 83128
000287
SUBSTITUTION OF TRUSTEE
NOTICE is hereby given of appointment of superseding successor of
trustee /mortgagee /transferee and appointment.
WHEREAS, EARL J. CACHO AND SUSAN RAE CACHO are the original Trustor(s),
and AMERICA'S SERVICING COMPANY/WELLS FARGO was the original Trustee,
and AMERICA'S SERVICING COMPANY/WELLS FARGO was the original
Beneficiary under that certain Deed of Trust Dated 02/06/2006, and recorded on
02/16/06, as Instrument No. 916056. Parcel No. 12- 3718- 18 -4 -02- 010.00. Official
Records of LINCOLN County, State of WYOMING affecting Real Property and more
particularly described on said Deed of Trust referred to herein has been cancelled and
found null and void due to wrongful acts of fraud, fraudulent inducement, concealment,
and fraudulent misrepresentation. The Mortgagor /Transferor /Grantor /Settlor and alleged
borrower has other recourse, right and cause of action under numerous state and federal
statutes. Acts of fraud taint/void everything it touches as the US Supreme Court has
declared: "There is no question of the general doctrine that fraud vitiates the most
solemn contracts, document, and even judgments" (United States v. Throckmorton, 98
U.S. 61); and
WHEREAS, the Deed of Trust provides that the
Grantor(s)/Mortgagor(s) /Transferor(s) /Settlor(s) Alleged Borrower(s) shall have the
power to remove the original trustee /transferee /mortgagee or any successor(s) in
writing (acknowledged and recorded) by NOTICE and substitute a successor, who
shall succeed to the title and with all of the rights and powers of the Original
Grantee/Trustee /Transferee /Mortgagee; and
The property being legally described commencing on the cover page of this instrument and
commonly known as:
LEGAL DESCRIPTION: Lot 68B of Alpine Village Subdivision No. 1, Plat 3
Amended. Lincoln County, Wyoming. APN: 12- 3718- 18 -4 -02- 010.00.
WHEREAS, the undersigned desires to substitute a new Trustee under said Deed of
Trust in place and instead of said original Trustee, or Successor Trustee, thereunder, in
the manner in said Deed of Trust provided.
0002819
1. :Effective immediately AMERICA'S SERVICING COMPANY /WELLS
FARGO, is forever removed/released /discharged and terminated from any /all
duties and forever barring/estopping the aforesaid from any further appointments
or assignments originally granted or contained within the Deeds of Trust
concerned herein.
2. Effective immediately any /all duties, appointments, or assignments originally
granted to AMERICA'S SERVICING COMPANY /WELLS FARGO, is forever
Revoked/Canceled/Voided and Rescinded; Thereby removing and terminating the
same from any /all duties and forever barring/estopping the aforesaid of any
further appointments of any /all `TRUSTEE(S) "SUCCESSOR TRUSIEE(S)",
"SUBSTITUTES or "BENEFICIARY(S)
AMERICA'S SERVICING COMPANY/WELLS FARGO, is hereby directed to
immediately CEASE and DESIST any further actions through said
appointments /assignments granted in or from Original Security Deed recorded on
02/16/06, as Instrument No. 916056, Lot 68B of Alpine Village Subdivision No. 1, Plat 3
Amended Lincoln County, Wyoming, Records of Lincoln County. APN 12- 3718 -18 -4-
02- 010.00; Loan No. 1205219787.
ANY such continued or further action by ANY of the above named parties may result in
legal actions against them.
NOW THEREFORE, BE IT KNOWN that the said holder, through the undersigned,
its duly authorized officer, removes the Original Trustee and Successor(s),
AMERICA'S SERVICING COMPANY/WELLS FARGO, and any other duly
appointed Successor under the above- referenced Deed of Trust and hereby appoints
ESC TRUST, 145 Elkhorn Dr. Alpine, Wyoming 83128 as Successor Trustee under said
Deed of Trust.
IN WITNESS WHEREOF, executed on this date of f -gaff
ESC TRUST
By:
Teresa artinez, Trustee
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF WYOMING
COUNTY OF LINCOLN
000289
On 06/19/11, b e f o r e me, Les 'e VJ a rg P_ n Se h NOTARY PUBLIC,
personally appeared re 5 f Mel 14 er1P z.. who proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he /she/ executed the same in his/her/ authorized
capacity, and that by 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 foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signa AL,. `l
NOTARY PUBLIC (Seal)
LESLIE V. JORGENS N NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expl fes May 18, 2015