HomeMy WebLinkAbout965747ED 7/26/2012 at 2:07 PM
RECEIVING 965747
BOOK: 790 PAGE: 209
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Wyoming Notice of Sale
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) Purpose. 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.
(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 not
permitted, except in extraordinary circumstances.
(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 become its owner by being the highest
and best bidder, by a deed without warranties and guarantees. The Collateral being
foreclosed may be subject to other liens or 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 is now scheduled for:
Date: September 11, 2012.
Time: 10:00 a.m.
Place: Lincoln County Courthouse
925 Sage Avenue
Kemmerer, WY 83101
00209
(6) Cure Right. You may have a right to pay The Defaults (i.e., a Cure Right) if
paid before the Foreclosure Sale. The Trustee will provide cure figures to you if
you request them. A Cure will nullify this Notice and its Foreclosure Sale. No Cure
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) Payoff Right. You may have a right to payoff all amounts owed on The Debt (i.e.
Payoff Right) if paid before the Foreclosure Sale. The Trustee will provide payoff
figures to you if you request them. A Payoff will nullify this Notice and its
Foreclosure Sale. No Payoff in the next 30 days will cause additional costs
(recording, transmittal, publication, etc.) to be incurred, cause publication of The
Defaults and advertise the Collateral's Foreclosure Sale.
(8) 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 not
permitted.
(9) 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 pursuant to the U.S. Constitution.
(10) Lien's Rank. The Lien being foreclosed may not be a first lien against The
Collateral.
(11) Military Service. None of The Interested Parties are in the Military Service
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
00210
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
of the United States of America.
(12) Order. No t ro this foreclosure.
O■ p M eins th
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 July 24 ,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; he has authority to exercise the power of I f The Lien pursuant to the
Foreclosing rly' instructions. Witness my h. '4 a1 seal. My commission
expires: f0
Name and Address of Notary: atu�4k f
r
Name: Ashley Kirkbride M, r r O
Erin Park Dr., 203 s(S •L)' m s
Colorado Springs,CO 80918 P Q
•n O
Mailing Note: This Notice with Identifying Da1L447 i i�0'
The original was mailed, certified m'uftmoW e rn receipt requested, for
recording;
Copies were mailed, regular and certified mail, return receipt
requested, to each Interested Party at each of their addresses on
Schedule 3.
When IRS is an Interested Party, a copy hereof was mailed, regular and
certified mail, return receipt requested, to the appropriate IRS
office, with, in addition, Schedules 2 and 3 and a copy of all recorded
IRS Liens.
When a Wyoming government agency is an Interested Party, a copy was
mailed, regular and certified mail, return receipt requested, to the
appropriate government agency, with, in addition, Schedules 2 and 3,
and a copy of that agenc s recorde1 lien.
gnature of Mail
20J
Attorney for 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
E -mail: klein@kleinsmithlaw.com
00211.