HomeMy WebLinkAbout877384 This space ~s for recording data
FORECLOSURE
NOTICES OF: (1) DEFAULTS;
(2) RIGHT TO CURE;
(3) ELECTION TO SELL; AND
( 4 ) SALE
YOU ARE NOTIFIED THAT:
Ail words and phrases herein which have the first letters thereof
capitalized are defined on the attached Identifying Data of
Hertgage er Deed ef Trust, consisting of one page.
(1) NOTICE OP DEFAULTS. Certain Defaults Causing Fereclesure have
occurred en the Deed of Trust or Mortgage Being Foreclosed.
(2) NOTICE. OF RIGHT TO dURE. You have a right to stop all actions
to collect his debt. To'do so you must pay money (including, but
not limited to delinquent payments, cests, attorneys fees and
trustee's fees) and/or perform certain acts. If you wish to know
· exactly what money must he paid and/or what actions need to be
perfermed, please call the undersigned's office at the phone number
stated.
Your cure or reinsta~ment rights and Your redemption rights are
attached to the copies hereof that are mailed, served, and posted.
(3) ,NOTICE OF ELECTION TO SELl,. Because of those Defaults Causing
Foreclosure, the undersigned has elected and intends to sell or
cause to be sold the Real Estate. The effect of' such a sale will
be to deprive all persons who claim an interest in the Real Estate
of any right thereto, except as otherwise provided by law. This
election will be nullified if the above right to cure is properly
exercised.
(4) SALE. Because of the Defaults Causing Foreclosure, to
partially or fully pay the debt secured by the Deed of Trust or
Mortgage Being Foreclosed, and pursuant to the power'of sale
therein, the Real Estate will be sold at public auction without
warranties or guarantees at the following date, time and place:
Date of Sale:2/8/2002 Place of Sale:Front Steps of the Lincoln
County Courthouse, 925 Sage Ave., Kemmerer, WY
Time of Sale:10:00am
(5) GOVERNMENTAL CLAIMS. To the copies of these Notices which are
mailed, served or posted, there are attached copies of the written
recorded claim of any governmental agency against the Real Estate
and the independent notices which the law requires to, be mailed to
any such governmental agency uo terminate their righ~ to the Real
Estate.
~ and/or Substitute Trustee
Wyoming Attorney
Phi~ M.t Kl~nsmith Registration No. 5-2952
6035 Erin Park Drive, Ste. 203
Colorado Springs, CO 80918
1-800-842-8417
State of Colorado )
County of E1 Paso )
On 11/12/01, 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) Right to Cure; (3)
Election to Sell; and (4) Sale consisting of four or more pages in
total: two pages of Notices of: (1) Defaults; (2) Right to Cure;
(3) Election to Sell; and (4 Sale, one page of Identifying Data of
Mortgage or Deed of Trust and one or more pages of Cure or
Reinstatement Rights and Redemption Rights. 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 the entity on behalf of which the
person acted, executed said instrument. Wit~s's~ my~nd and
official seal. My Commission Expires: ~--7~ } _~//' /
Typed Nam~ and A/ddress of
Notary: k~_~/
LeeAnn Finnell-Humpal
6035 Erin Park Drive
Colorado Springs, Co 80918
ByCommissionF.~ir~/2005
Identifyinq Data of Mortqaqe
or Deed of Trust*
Defaults Causing Foreclosure: Non-payment of periodic payments
since:12/30/2000
Estimated Total Amount Owed On Principal: .... $55,525.56
Deed of Trust or Mortgaqe* Estimated Interest:$ 4,384.57
Being Foreclosed on the Estimated Costs: $ 1,800.00
Estimated Date of Foreclosure Estimated Total: $61,710.13
Sale.
Real Estate** to be Sold:
Common Description:. ... ...... :108086 Highwa~ 89
Etna, WY 83118
Assessor's Tax Parcel No ....... :Unknown
Leqal Description .......... :See Exhibit "A"
Identifying Data of Deed of Trust or
Mortqaqe* Beinq Foreclosed Per Real
Estate Records of County Stated
.~n Leqal DescriDtion: Dated:04/12/1999
Recorded:04/15/1999
· Recordinq Data:Bk 428 Pg 638
Oriqinal Principal Balance:55,525.56
Oriqinal Trustee:Not Available
Oriqinal Mortqaqee(s)***Name(s) :AVCO Financial Services of
Idaho Falls, Inc.
Address(es) :2169 E. 17th Street
Idaho Falls, ID 83404
Present Mortqaqee(s)***Name(s) :Citifinancial Mortgage
Company, Inc.
Address(es) :1111 Northpoint Dr. Bldg
4, Suite 100
Coppell, TX 75019
Original Mortqaqor(s)****~ame(s) :Wa!ter E. Barnell
Address(es) :108086 Highway 89
Etna, WY 83118
Present Owner(s) Name(s) :Walter E. Barnell.
Address(es) :108086 Highway 89
Etna, WY 83118
* Sometimes named "Trust Indenture"
** Sometimes named "Mortgaged Property" or "Trust Property' or
"Property"
*** Sometimes named "Beneficiary"
**** Sometimes named "Grantor" or Trustor"
Wyominq Cure or Re-instatement Riqht
Wyoming does not have such a statute
Wyominq Redemption Riqht
(1) Except as provided with respect to agricultural real
estate, it is lawful for any person, his heirs, executors,
administrators, assigns or guarantors whose real property has been
sold by virtue of an- execution, decree of foreclosure, or
foreclosure by advertisement and sale within three (3) months from
the date of sale, to redeem the real estate by paying to the
purchaser, his heirs, executors, administrators or ~ssigns, or to
the sheriff or other officer who sold the property, f~ the benefit
of the purchaser, the amount of the purchase price or the amount
given or bid if purchased by the execution creditor or by the
mortgagee under a mortgage, together with interest at the rate of
ten percent (10%) per annum from the date of sale plus the amount
of any assessments or taxes and the amount due on any prior lien
which the purchaser paid after the purchase, with interest. On
payment of this amount the sale and certificate granted are void.
(2) In the case of any mortgage upon one (1) or more parcels
of real estate any or all of which were agricultural real estate on
the date of execution of the mortgage as stated in the mortgage,
the period within which the owner, his heirs, executors,
administrators, assigns or guarantors may~redeem the premises sold
is twelve (12) months from the date of the sale.
(3) The term "agricultural real estate" means any parcel of
land in excess of twenty (20) acres lying outside the exterior
boundaries of any incorporated city, town or recorded subdivision.
If the mortgage recites that the real estate involved is
agricultural real estate, it is presumed the parties to the
mortgage, their heirs, executors, administrators, assigns,
guarantors or successors in interest have agreed to and are bound
by all the provisions of law relative to the right of redemption.
(4) If no redemption is made within the redemption period
provided in paragraph (1) above, any judgment creditor of the
person whose real estate~has been sold, or any grantee or mortgagee
of the real estate er Person holding a lien on the real estate sold
is entitled to redeem the same on or before the thirtieth day after
the ~expiration of the applicable redemption period provided in
paragraphs (1) and (2 above, by complying with paragraphs (5) and
(6) below. ~''
(5) The redemptioner shall pay to the purchaser or te the
officer conducting the sale, the amount bid with interest at ten
percent (10%) per annum from the date of sale, and the ameunt of
any assessments or taxes and the amount due on any prior lien which
the purchaser may have paid after the purchase, with interest. If
the Purchaser also has a lien prior to that of the redemptioner,
the redemptioner shall also pay the amount of the lien with
interest.
(6) The redemptioner must produce for the purchaser from whom
redemption is sought or for the officer who conducted the sale:
(i) A copy of the judgment under which the right
of redemption is claimed, duly certified by the
clerk of the court in which the judgment was
entered, or if redemption is sought under a
mortgage or other lien a copy of the mortgage or
other lien certified by the clerk of the county;
(ii) A copy of any assignment neces'sary to
establish the claim;
(iii) An affidavit by himself or his agent showing
the amount actually unpaid and due on the lien.
(7) If the property is redeemed, another redemptioner may
within thirty (30) days from the last redemption again redeem from
the last redemptioner by paying the amount of the last redemption
together with interest at ten percent (10%) per annum from the date
thereof, and the amount of any assessment or taxes which the last
redemptioner may have paid and the amount of any lien held by the
last redemptioner prior to his own, with interest. The property
may again, and as often as any redemptioner desires be redeemed
from any previous redemption within thirty (30) days from the last
redemption. If no redemption is made within thirty (30) days after
the applicable redemption period previded in paragraphs (1) or (2)
above, the purchaser or his assignee is entitled to a sheriff's
deed to the property, or if so redeemed, whenever thirty (30) days
has elapsed and ne ether redemption has been made, the last
redemptioner or his assignee is entitled to a sheriff's deed.
(8) Any person entitled may redeem the whole or any part or
portion of lands previously sold upon execution or by foreclosure,
but such redemptien must be made in the distinct quantities or
parcels in which they were sold.
THE NON-EXISTANCE OR EXPIRATION OF ONE OR BOTH OF THESE RIGHTS,
DOES~ NOT MEAN THAT THE MORTGAGEE CANNOT VOLUNTARILY GRANT THEM.
The land re,fred to M this colm~innent is situated in the State of Wyoming, CouuV of Lincoln, and is described aa
~llows:
Commencing at a point 816.50 feet North, more or less, from the
Southwest Corner of the Northwest Quarter (NW~) of Section 11, T35~
· Rll9W of the 6th P.M., Lincoln County, Wyoming;
thence East 50 feet to a ~" X 24" iron pipe with an aluminum cap on'
the east side of State Highway 89;
thence East 160.15 feet to a point;
thence North 127.~ f~et to a Point;
thence N 86°57'43".W, ~60.38 feet to the point on the Highway right
of way;
thence South 136.00 feet'to the point of beginning.
LESS AND EXCEPT any land contained in Warranty De'ed recorded Novembe~
17, 1931 in Book 17 of D~eds on page 212 of the r~cords of the Lincol~
County Clerk,