HomeMy WebLinkAbout968558Prepared By: Kleinsmith and Associates
6035 Erin Park Dr.
Colorado Springs, CO 80918
719 593 -1970
Foreclosure
Certificates of:
(This space is for recording date)
(1) Mailings;
(2) Publication;
(3) Service; and Posting
(4) Non Military Service
Of (A) Foreclosure Notices Of (1) Defaults; (2) Some Rights and
Obligations; (3) Election To Sell; (4) Sale And; (5) Government
Claims, And (B) Published Notice Of Foreclosure Sale
The undersigned being duly sworn upon his oath states that he is
eighteen years of age and that by his own personal knowledge the
following are true:
Mailing Certificates
He mailed or caused to be mailed by both certified mail return
receipt requested and first class mail, postage prepaid a copy of
the above captioned Foreclosure Notices with its to each of the
addressees on the attached List of Addresses at the addresses
listed, on the following dates:
First Mailing: June 19, 2012
Second Mailing:July 24, 2012
Publication Certificate
RECEIVED 12/17/2012 at 4:07 PM
RECEIVING 968558
BOOK: 800 PAGE: 767
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
The above captioned Notice of Foreclosure Sale was published as
stated in the attached Proof of Publication.
The undersigned certifies that the above Foreclosure Notices were
also served and /or posted as indicated in the attached
Certificate(s) of Service or Non Service and /or Certificate of
Posting. (If any one of the foregoing are not attached, it or they
are not required in the State of the subject Real Estate.
State of Colorado
County of El Paso
On October 26, 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 Certificates of: (1) Mailing, etc.
consisting of at least three pages: two pages of Foreclosure
Certificates of: (1) Mailings, etc., at least one page of List of
Addresses, a Proof of Publication and when applicable, Certificates
of Service or Non Service. 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 the entity on behalf of which the person acted, executed said
instrument. Witness my hand and official seal. My Commission
Expires: 09/26/2016.
ASHLEY D. KIRKBRIDE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 200840305
My Commission Expires 09 -26 -2016
Service and Posting Certificates
00768
Attorney for Present Mortgagee(s)
and /or Substitute Trustee
Wyoming Attorney
Registration No. 5 -2952
6035 Erin Park Drive, Ste. 203
Colorado Springs, CO 80918
1- 800 842 -8417
I.+ JP
Sig ure of Notary
Typed Name and Address of
Notary:
Ashley D. Kirkbride
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
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 Mortgage Electronic Registration
Systems, Inc. solely as nominee for for
Bank of the West
PO BOX 2026, Flint, MI 48501 -226
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
007V
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
Occupant
29 Porto Court
Star Valley Ranch, WY
Gary J. Edgeworth
29 Portp Court
Star Valley Ranch, WY
List of Addressees
0077
I SARAH HALE, Managing Editor of the Star Valley Independent,
published weekly at Afton, Lincoln County, Wyoming, do solemnly swear
that the notice, a copy of which is hereto attached, was published weekly in
the regular and entire issue of said newspaper, and not in any supplement
thereof, for f' consecutive issues,
commencing with the issue date /4_44 c s2 2012, and
ending with issue dat-1 2012.
Subsc bed and sworn in before me this
+Vl, 2012.
My commission expires August 31, 2013
WYOMING NOTICE OF SALE
Note Well: The bold print words
and phrases herein are defined
on Schedules 1, 2, and 3
attached hereto. The persons
and things to which those words
and phrases apply to herein are
also stated on, Schedules 1, 2,
and 3 attached hereto. Only
Schedule 1 is attached to the
published copy hereto.
(1) Not a Payment Demand.
This is not a demand that any
person make any payment on
The Debt or an assertion that
any person has personal liabili-
ty on The Debt.
(2) Defaults. The Defaults have
occurred on The Debt.
(3), 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. 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.
(4) Foreclosure Sale. The fore-
closure sale shall be held:
Date September 11 2012.
Place :Lincoln County
Courthouse, 925 Sage Avenue,
Kemmerer, WY 83101
Time: 10:00 a.m.(5) 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.
Rirthtl if nail hPfnre the
day of
will provide those amounts to
you if you request them. A Cure
or Payoff will nullify this Notice
and its Foreclosure Sale. No
Cure or Payoff in, the next 30
days will cause additional costs
(recording, transmitting, publi-
cation, etc.) to be incurred,
cause publication of The
Defaults and advertise the
Collateral's Foreclosure Sale.
(6) 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 peri-
od to redeem. When there is an
IRS Lien, IRS has 120 days after
the sale to redeem.
(7) Court Right. This foreclosure
will not involve any judge or
court. You have a right to ask a
court to be involved in this fore-
closure by filing a lawsuit asking
for a court's involvement.
Attorney for the Foreclosing
Party and /or Present Trustee
Philip M. Kleinsmith
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
THIS IS AN ATTEMPT TO COL-
LECT A DEBT. ANY INFORMA-
TION OBTAINED WILL BE USED
FOR THAT PURPOSE.
007'"
pwwwwmptotow
JANA BRYANT NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission 6iiplrs6 August 31, 20'
County of El Paso
On July 24 ,20 12 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 attach-
ments are true to the best of his
knowledge. The Foreclosing
Party has actual or construc-
tion possession of The Debt,
and authority to exercise the
power of sale in The Lien. The
Trustee has the power to fore-
closure pursuant to the
Foreclosing Party's instruc-
tions. Witness my hand and offi-
cial seal. My commission
expires: 09 -09 -2012.
Name and Address of Notary:
Ashley Kirkbride
6035 Erin Park Dr., 203
Colorado Springs,CO 80918
Mailing Notes: This Notice with
attached Schedules 1, 2, and 3
were mailed on the date stated
below:
(a)The original was mailed by
certified mail to be recorded;
(b)Copies were mailed by regu-
lar and certified mail, return
receipt requested, to each
Interested Party at each of their
addresses on Schedule 3.
(c)When the -IRS and /or an
Wyoming government agency
is /are an Interested Party
its /their copy (copies) were
mailed, regular and certified
mail, with, in addition, copies of
all recorded IRS Liens or record-
ed Wyoming government
agency liens.
(d)A copy was mailed for publi-
cation with only Schedule 1
attached.
Dated: July 24, 2012.
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
Original Principal Balance:
$216,000.00
Defaults Causing Foreclosure:
Non Payment of Periodic
Payments since: 12/01/11
Present Principal Balance:
$204,836.47
Daily Interest: $35.78
Estimated Attorneys Fees:
600.00 The Present Value of the
Property is Other Estimated,
Costs: $1,800.00
vtinLIt) W
Estimated Total Due:
$207,236.47
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/AO r i g i n a 1
Mortgagee(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
Present Mortgagee See above
Colorado Springs, CO 80918
Maker(s), Assumer(s),
Guarantor(s) (narne(s)
address(es)):
Gary J. Edgeworth
29 Porto Court
Star Valley Ranch, WY 83127
Mortgagor(s)/Grantor(s)
name(s) (name(s)
address(es)):
Gary J. Edgeworth
29 Porto Court
Star Valley Ranch, WY 83127
Present Owner(s) of The
Property 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
Publish August 23, 30,
September 6 13, 2012