HomeMy WebLinkAbout965399RECEIVED 7/3/2012 at 3:09 PM
RECEIVING 965399
BOOK: 788 PAGE: 900
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Wyoming Notice of Default
Note Well: The bold print words and phrases herein are defined on Identifying Data
attached hereto. The persons and things to which those words and phrases apply to
herein are also stated on Identifying Data attached hereto.
(1) Purposes. The Foreclosing Party's purpose is to sell The Collateral, and to use
its proceeds to partially or fully pay The Debt and extinguish and foreclose The
Interested Parties' claims thereto. Another purpose is to give the Interested
Parties an opportunity to Cure and Payoff Rights (No. 6 below) and avoid this
foreclosure.
(2) Not a Payment Demand /Deficiency. This is not a demand that any person make any
payment on The Debt or an assertion that any person has personal liability on The
Debt. If the successful bid at the foreclosure sale is not sufficient to pay The
Debt in full, a lawsuit to collect the unpaid balance or deficiency is permitted.
(3) Defaults. The Defaults have occurred on The Debt.
(4) Election to Sell. Because of The Defaults, The Foreclosing Party has elected to
sell and intends to sell or cause to be sold The Collateral at a public foreclosure
sale for cash in U.S. currency. You have a right to attend and bid at that sale to
protect your interest in The Collateral and /or become its owner by being the highest
and best bidder by a deed without warranties and guarantees. The Collateral may be
subject to other liens and encumbrances that may not be extinguished by this sale.
Before bidding, it is your legal duty to research the status of title.
(5) Foreclosure Sale. The foreclosure sale shall be held:
Date: September 11
Time: 10:00 a.m.
(6) Cure Right /Payoff Right. You may have a right to pay The Defaults (i.e., a Cure
Right) or payoff all amounts owed on The Debt (i.e. Payoff Right), if paid before
the Foreclosure Sale. The Trustee will provide those amounts to you if you request
them. A Cure will nullify this Notice and its foreclosure sale. No Cure or Payoff
in the next 30 days will cause additional costs (recording, transmitting,
publication, etc.) to be incurred, cause publication of The Defaults and advertise
The Collateral's Foreclosure Sale.
(7) Redemption Right /Redemption Period. Redemption, i.e., the right to pay the
successful bid at the foreclosure sale for a period of time after the sale, is
permitted. The Owner(s) /Presumed Possessors of the Collateral have three (3) months
after the sale to redeem. Other Interested Parties have 30 days after that three
(3) months period to redeem. When there is an IRS Lien, IRS has 120 days after the
sale to redeem.
(8) Court Right. This foreclosure will not involve any judge or court. You have a
right to ask a court to be involved in this foreclosure by filing a lawsuit asking
for a court's involvement.
(9) Military Service. None of The Interested Parties are in the Military Service of
the United States of America as evidenced by the attached Military Status Reports.
(10) Stay Order. No Stay Order prohibits this foreclosure.
2012. Place:Lincoln County Courthouse
925 Sage Avenue
Kemmerer, WY 83101
Attorney for the Foreclosing Party
and /or Present Trustee
Atty. Reg. No. #5 -2952
6035 Erin Park Dr., #203
Colorado Springs, CO 80918
Phone: 1- 800 842 -8417
Fax: 1- 719 593 -2193
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00200
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
State of Colorado
County of El Paso
On June 19,2012, before me personally appeared Philip M. Kleinsmith as said attorney
and /or trustee, personally known to me. Under oath and penalty of perjury, he stated
that this Notice and its attachments are true to the best of his knowledge. The
Foreclosing Party has actual or construction possession of The Debt, and authority
to exercise the power of sale in The Lien. The Trustee has the power to foreclosure
pursuant to the Foreclosing Par instructions. Witness my hand and official seal.
My commission expires: l
Name and Address of Notary:
Name: Leeann Finnell
6035 Erin Park Dr., 203
Colorado Springs,CO 80918
Mailing Notes: This Notice with attached Identifying Data and
Reports were mailed on the date stated below:
(a) The original was mailed by certified mail
(b) Copies were mailed by regular and cert
requested, to the Interested Parties at
Identifying Data.
(c) When the IRS and /or an Wyoming government
Party its /their copy (copies) were mailed
its /their recorded liens.
Dated: June 19, 2012.
WY21 -2
My Commission c, r p' 03 D7 F
and /or Present Trustee
Atty. Reg. No. #5 -2952
6035 Erin Park Dr., #203
Colorado Springs, CO 80918
Phone: 1- 800 842 -8417
Fax: 1 -719- 593 -2193
E -mail: klein @kleinsmithlaw.com
Signature
to be recorded;
ified mail, return receipt
each of their addresses on
agency is /are an Interested
with, in addition, a copy of
Mailer
00901.
Military Status
Identifying Data of Debt, the Mortgage and the Property
The Debt:
Present Mortgagee (name address): Bank of the West
Date of Debt: 09/28/2007
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: 09/28/07 Date
Recorded and /or Filed: 10/01/07 Recording Data:Pg /Bk 50/674
Original Trustee (name address) or N/A OriginalMortgagee (s),Beneficiary(ies)
or Secured Party(ies) (name address):
N/A
Present Trustee (name, address phone)
or N /A: Philip M Kleinsmith
6035 Erin Park Drive, Ste 203
Colorado Springs, CO 80918
Maker(s), Assumer(s), Guarantor(s)
(name(s) address(es)):
Gary J. Edgeworth
29 Porto Court
Star Valley Ranch, WY 83127
Mortgagor(s) /Grantor(s) name(s)
address(es)):
Gary J. Edgeworth
29 Porto Court
Star Valley Ranch, WY 83127
Original Principal Balance:$216,000.00
Non Payment of Periodic Payments since:12 /01 /11
204,836.47 Daily Interest: $35.78
600.00 The Present Value of the Property is
1,800.00 Unknown
207,236.47
Present Mortgagee: See above
Present Owner(s) of The Property
(name(s) address(es)):
Gary J. Edgeworth
29 Porto Court
Star Valley Ranch, WY 83127
The Property: (Mortgaged Property or Trust Property or Property):
Assessor's Tax Parcel 34180520412200
Common Description: 29 Porto Court, Star Valley Ranch, WY 83127
Legal Description: Lot 129 of Star Valley Ranch Plat 18, 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
00902
Request for Military Status
Department of Defense Manpower Data Center
go
Military Status Report
Pursuant to the Service Members Civil Relief Act
Last
Name
EDGEWORTH
First /Middle
GARY
Begin
Date
Active Duty
Status
Active Duty End
Date
Service
Agency
Based on the information you have furnished, the DMDC does
not possess any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data
Center, based on the information that you provided, the above is the current status of the
individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force,
NOAA, Public Health, and Coast Guard).
Tha hut4i-P
Mary M. Snavely -Dixon, Director
Department of Defense Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
https: /www.dmdc.osd.mil /appj /scra /poprenort.do
si 00903 Pagelof
Mar -3o- 2012 15:17 :02
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense
that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database
which is the official source of data on eligibility for military medical care and other eligibility
systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC
App. 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil
Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any
information indicating that the individual is currently on active duty" responses, and has
experienced a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual is on active duty,
or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain
further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL http://www.defenselink.mil/faqfpis/PC09SLDR.html. If you have
evidence the person is on active duty and you fail to obtain this additional Service verification,
punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of
DOB, a middle name), you can submit your request again at this Web site and we will provide a
new certificate for that query.
This response reflects active duty status including date the individual was last on active
duty, if it was within the preceding 367 days. For historical information, please contact the
n /nn /nn-i n
Requ^��- Military Status
Service SCRA points -of- contact.
https: /www.dmdc.osd.mil /appj /sera /uonrenort_rin
lge 2 of 2
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC ioi(d)
(i) for a period of more than 30 consecutive days. In the case of a member of the National
Guard, includes service under a call to active service authorized by the President or the
Secretary of Defense for a period of more than 3o consecutive days under 32 USC 5o2(f) for
purposes of responding to a national emergency declared by the President and supported by
Federal funds. All Active Guard Reserve (AGR) members must be assigned against an
authorized mobilization position in the unit they support. This includes Navy TARs, Marine
Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service
member who is an active duty commissioned officer of the U.S. Public Health Service or the
National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period
of more than 3o consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on
active duty for purposes of the SCRA who would not be reported as on Active Duty under this
certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA
protections. Persons seeking to rely on this website certification should check to make sure the
orders on which SCRA protections are based have not been amended to extend the inclusive
dates of service. Furthermore, some protections of the SCRA may extend to persons who have
received orders to report for active duty or to be inducted, but who have not actually begun
active duty or actually reported for induction. The Last Date on Active Duty entry is important
because a number of protections of SCRA extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that
all rights guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID: U6H8T7FiRi