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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.