HomeMy WebLinkAbout963655Prepared by and after recording return to RECEIVED 3/14/2012 at 4 :49 PM
Kleinsmith Associates, P.C. RECEIVING# 9636
6035 Erin Park Dr., Ste. 203 BOOK: 783 PAGE:69
Colorado Springs, CO 80918 JEANNE WAGNER
1-800-842-8417 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
00069
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:May 8, 2012 Place of Sale:Lincoln County Courthouse
Time of Sale:10:00 am 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 i
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.
1 ip M.
Attorne
Kle hs .ith
State of Colorado)
County of El Paso)
On March 9, 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:
6035 Erin Park Dr., #203
Colorado Springs, CO 80918
Typed Name: Ashley D. Kirkbride
ttorney for Present Mortgagee(s)
nd /or Substitute Trustee
35 Erin Park Dr., #203
Colorado Springs, CO 80918
1- 800 842 -8417
00070
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Identifying Data of Debt, the Mortgage and the Property
The Debt:
Present Mortgagee (name address):Cenlar FSB
Date of Debt: May 21, 2007
Defaults Causing Foreclosure:
Present Principal Balance:
Estimated Attorneys Fees:
Other Estimated Costs:
Estimated Total Due:
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:May 21, 2007
Date Recorded and /or Filed:May 22, 2007 Recording Data:929617 BK 659 Pg 48
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)):
Derek Collins
690 Sunset Dr.
Alpine, WY 83128
Mortgagor(s) /Grantor(s) name(s)
address(es)):
Derek Bodine Collins
690 Sunset Dr
Alpine, WY 83128
The Property: (Mortgaged Property or Trust Property or Property):
Assessor's Tax Parcel
Common Description:690 Sunset Dr., Alpine, WY 83128
Legal Description:LOT 817, LAKEVIEW ESTATES THIRD ADDITION TO THE TOWN OF ALPINE,
RECORDED JULY 30, 2003 AS DOCUMENT NUMBER 892064 AND MAP NUMBER 264 -D IN THE OFFICE
OF THE CLERK, LINCOLN COUNTY, WYOMING
Mobile or Manufactured Home or Other Collateral:
Common Description: None Known
Legal Description: None Known
00071
Original Principal Balance:$272,000.00
Non Payment of Periodic Payments since:6 /1/2011
272,000.00 Daily Interest: $47.50
600.00 The Present Value of the Property is
1,800.00 Unknown
274,400.00
Original Mortgagee (s), Beneficiary (ies)
or Secured Party(ies) (name address):
Mortgage Electronic Registration
Systems, Inc. acting solely as Nominee
for Tayor, Bean Whitaker Mortgage
Corp.
Present Mortgagee: See above
Present Owner(s) of The Property
(name(s) address(es)):
Derek Bodine Collins
690 Sunset Dr
Alpine, WY 83128
Occupant
690 Sunset Drive
Alpine, WY 83128
Derek Collins
690 Sunset Drive
Alpine, WY 83128
Derek Collins
50 E 300 S
Driggs, ID 83422
List of Addressees
Nuu72
1. Wyoming's Cure Rights
00073
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
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
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.
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