The URL can be used to link to this page

Home My WebLink About96276200344 Prepared by and after recording return to: Kleinsmith Associates, P.C. REC EIVED 1/17 2012at10 :14 AM 6035 Erin Park Dr., Ste. 203 RECE 962762 Colorado Springs, CO 80918 BOOK: 779 PAGE: 344 1- 800 842 -8417 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Foreclosure Notices Of: You are notified that: This space is for recording data (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. Date of Sale:March 13, 2012 Place of Sale: Lincoln County Time of Sale:10:00 am Courthouse, Front Steps 925 Sage Avenue Kemmerer, WY 83101 00345 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: (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 hilip 'e mith Colorado Springs, CO 80918 Attorney 1- 800 842 -8417 State of Colorado) County of El Paso) On January 10, 2012, 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: 09/09/2012. Address of Notary: qmq g4t ,1 pop 6035 Erin Park Dr. #203 Colorado Springs, CO 80918 mqT. Typed Name: Ashley D. Kirkbride LI C p� O A 11690 �P P�6� g gq `C� q Identifying Data of Debt, the Mortgage and the Property The Debt: Present Mortgagee (name address):Bank of the West Date of Debt: December 8, 2006 Original Principal Balance:$169,000.00 Defaults Causing Foreclosure: Non Payment of Periodic Payments since:7 /1/2011 Present Principal Balance: 159,128.71 Daily Interest: $27.79 Estimated Attorneys Fees: 600.00 The Present Value of the Property is Other Estimated Costs: 1,800.00 Unknown Estimated Total Due: 161,528.71 The Mortgage: (Mortgage, Deed of Trust, or Trust Indenture and /or Security Agreement /Financing Statement Being Foreclosed Per Real Estate Records of County Where Property is Located or other records where Collateral Instrument filed): Date of Mortgage and /or Security Agreement /Financing Statement: December 8, 2006 Date Recorded and /or Filed: December 8, 2006 Original Trustee (name address) or N/A NA Present Trustee (name, address phone) or N /A: NA Maker(s), Assumer(s), Guarantor(s) (name(s) address(es)): Paul Yarber 913 3rd West Avenue Kemmerer, WY 83101 Mortgagor(s) /Grantor(s) name(s) address(es)): Paul Yarber 913 3rd West Avenue Kemmerer, WY 83101 Recording Data: 925181 Original Mortgagee (s), Beneficiary (ies) or Secured Party(ies) (name address): Mortgage Electronic Registration Systems, Inc. acting solely as Nominee for Bank of the West Present Mortgagee: See above Present Owner(s) of The Property (name(s) address(es)): Paul Yarber 913 3rd West Avenue Kemmerer, WY 83101 The Property: (Mortgaged Property or Trust Property or Property): Assessor's Tax Parcel 12- 2116- 23 -1 -05- 052 -00 Common Description:913 3rd West Avenue, Kemmerer, WY 83101 Legal Description: LOT 11 OF BLOCK 3 OF THE LINCOLN HEIGHTS SUBDIVISION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF Mobile or Manufactured Home or Other Collateral: Common Description: None known Legal Description: None known 00340 Occupants 913 3rd West Avenue Kemmerer, WY 83101 Paul Yarber 913 3rd West Avenue Kemmerer, WY 83101 Paul Yarber 340 Spinel St Kemmerer, WY 83101 List of Addressees 00 347 1. Wyoming's Cure Rights Any Defaults Causing Foreclosure may b cured before the foreclosure sale by anyone claiming an inter 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 00348 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.