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Home My WebLink About969930STATE OF WYOMING COUNTY OF LINCOLN AFFIDAVIT FOR FORECLOSURE 00731 COMES NOW John R. Goodell, of lawful age, being first duly sworn upon oath, and deposes and states as follows: 1. That I am an attorney admitted to practice in the State of Wyoming. 2. That I am the attorney for 2010 -1 RADC /CADC Venture, LLC, a Delaware Limited Liability Company, for the purpose of foreclosing by advertisement and sale the mortgage executed by Timothy J. Nickles as follows: Mortgage dated June 16, 2006, executed and delivered by Timothy J. Nickles, a single man "Mortgagor to First Bank of Idaho, FSB dba First Bank of the Tetons, "Original Mortgagee in the original amount of $141,000, which Mortgage was executed and delivered by said Mortgagor, to said Original Mortgagee, and which Mortgage was recorded on July 12, 2006, in Book 626PR, page 132 in the records of the office of the Clerk in and for Lincoln County, State of Wyoming 83128. Assignment of Mortgage by the Federal Deposit Insurance Corporation as Receiver for First Bank of Idaho, FSB dba First Bank of the Tetons unto 2010 -1 RADC /CADC Venture, LLC, executed on September 1, z X) 2010, effective as of August 26, 2010, and recorded on November 15, o oo n 2010, and located in Book 757PR of photos page 173 in the records n 0 m of the office of the Lincoln County Clerk in and for Lincoln County, m m State of Wyoming 83128. �c o O z w 3. That the mortgage covers the following described real p ro e p rty, to -wit: n m N 0 Lot 89 of Alpine Meadows Subdivison, filed August 23, 2005 as G 0 m a) Instrument No. 911176 of the records of the Lincoln County Clerk. M m m w K m w N The Real Property or its address is commonly known as Lot 89 Alpine m K Meadows, Alpine, Wyoming 83128. The Real Property Assessors m Parcel or tax identification number is 12- 3718- 29 -2 -00- 262.00 and 12- m 0000- 00 -R -00- 291.10. Page 1 of 2 Affidavit for Foreclosure Sale 4. That Notice of Intent to Foreclose Mortgage by Advertisement and Sale were sent to the record owners and to "Occupant" by written notice, copies of which are attached hereto and marked Exhibit "A by regular and certified mail, return receipt requested, mailed at least ten (10) days before commencement of publication of said Notice of Foreclosure Sale. 5. That prior to the first publication of the Notice of Foreclosure Sale, the Notice of Foreclosure Sale was served by certified mail and by regular mail to the record owners, the person/Occupant in possession of the premises and all holders of recorded mortgages and liens subordinate to the mortgage being foreclosed. 6. That there has been and there is no agreement, express or implied, between myself and any other person except a practicing attorney of this state engaged with me as an attorney in the foreclosure proceeding for any sharing or division of attorney's fees so to be allowed or added to the debt involved. 7. That the Notice of Foreclosure Sale was published for four (4) consecutive weeks at least once each week in The Kemmerer Gazette, a newspaper printed and in general circulation in the county wherein the premises included in the mortgage is situated and as shown by the Publisher's Affidavit which is attached reto and marked Exhibit "B DATED this L. day of March, 2013. 7 O c Jo R. Goodell, WSB 5 -2817 Post Office Box 1391 Pocatello, Idaho 83204 208 232 -6101 00733 Subscribed and sworn to before me this day of March, 2013, by John R. Goodell. i u WITNES and and official seal. `E C O Alb 2 Notary Pub 'c Residing: C ,I, T� My Commission Expires: 112 Page 2 of 2 Affidavit for Foreclosure Sale W. MARCUS W. NYE RANDALL C. BUDGE JOHN A. BAILEY, JR. JOHN R. GOODELL• JOHN B. INGELSTROM DANIEL C. GREEN BRENT 0. ROCHE KIRK B. HADLEY FRED J. LEWIS ERIC L. OLSEN CONRAD J. AIKEN RICHARD A. HEARN, M.D. LANE V. ERICKSON FREDERICK J. HAHN, III PATRICK N. GEORGE SCOTT J. SMITH JOSHUA D. JOHNSON DAVID E. ALEXANDER STEPHEN J. MUHONEN CANDICE M. MCHUGH CAROL TIPPI VOLYN JONATHON S. BYINGTON JONATHAN M. VOLYN THOMAS J. BUDGE BRENT L. WHITING DAVE BAGLEY JASON E. FLAIG FERRELL S. RYAN, III AARON A. CRARY JOHN J. BULGER BRETT R CAHOON JEFFREY A. WARR ALSO MEMBER WY BAR Timothy Nickles 2525 Arapahoe E4 -315 Boulder, CO 80302 Timothy Nickles P.O. Box 10745 Jackson, WY 83001 Internal Revenue Service 1999 Broadway MS 5021 DEN Denver, CO 80202 -2490 Attn: Technical Services Group Manager To Whom It May Concern: LAW OFFICES OF RACINE OLSON NYE BUDGE BAILEY CHARTERED 201 EAST CENTER STREET POST OFFICE BOX 1391 POCATELLO, IDAHO 83204 -1391 TELEPHONE (208) 232-6101 FACSIMILE (208) 232 -6109 www.racinelaw.net SENDER'S E -MAIL ADDRESS: jrg @racinelaw.net January 31, 2013 Timothy Nickles Lot 89 Alpine Meadows Alpine, WY 83128 2010 -1 RADC /CADC Venture LLC 4200 W. 115" St. Ste. 100 Leawood, KS 66211 North Star Utility P.O. Box 3910 Alpine, WY 83128 00734 BOISE OFFICE 101 SOUTH CAPITOL BOULEVARD, SUITE 300 BOISE, IDAHO 83702 TELEPHONE; (2081 395.0011 FACSIMILE: (2081 433-0167 IDAHO FALLS OFFICE 477 SHOUP AVENUE SUITE 107 POST OFFICE BOX 50699 IDAHO FALLS, ID 83405 TELEPHONE: (208) 528 -6101 FACSIMILE: (2091 528-6109 ALL OFFICES TOLL FREE (877) 232 -6101 LOUIS F. RACINE (1917.20051 WILLIAM D. OLSON, OF COUNSEL Delivered via Certified Mail Return Receipt Requested and Regular U.S. Mail Re: NOTICE OF INTENT TO FORECLOSE MORTGAGE BY ADVERTISEMENT AND SALE AND FORECLOSURE SALE NOTICE Please be advised this firm represents 2010 -1 RADC /CADC Venture, LLC, a Delaware limited liability company, the assignee and holder of the below referenced Mortgage. This letter is addressed to the record owner, person in possession, and holders of recorded liens, and provides the ten (10) day notice of intent to foreclose mortgage by advertisement and sale as well as a foreclosure sale notice as January 31, 2013 Page 2 required by Wyoming Statute 34- 4- 103(a)(iv) and 34- 4- 104(a). 2010 -1 RADC /CADC Venture, LLC intends to foreclose pursuant to the following Foreclosure Sale Notice and to be published in the Kemmerer Gazette: WHEREAS, default in the payment of principal and interest has occurred under the terms of a mortgage (the "Mortgage dated June 16, 2006, executed and delivered by Timothy J. Nickles, a single man "Mortgagor to First Bank of Idaho, FSB dba First Bank of the Tetons, "Original Mortgagee which Mortgage was executed and delivered by said Mortgagor, to said Original Mortgagee, and which Mortgage was recorded on July 12, 2006, in Book 626PR, page 132 in the records of the office of the Clerk in and for Lincoln County, State of Wyoming 83128 WHEREAS, the Mortgage was assigned for value as follows: Assignor: The Federal Deposit Insurance Corporation as Receiver for First Bank of Idaho, FSB dba First Bank of the Tetons Assignee: 2010 -1 RADC /CADC Venture, LLC, a Delaware limited liability company Assigmnent Dated: executed on September 1, 2010, effective as of August 26, 2010 Assignment Recorded: November 15, 2010 Location: Book 757PR, page 173 All in the records of the County Clerk in and for Lincoln County, Wyoming; WHEREAS, the Mortgage contains a power of sale which by reason of said default, 2010 -1 RADC /CADC Venture, LLC declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued; WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale (February 14, 2013) being the total sum of $110,034.75, which consists of the unpaid principal balance of $64,736.05 plus interest accrued to OO'735 January 31, 2013 Page 3 the date of the first publication of this notice in the amount of $42,823.65, costs expended in the amount of $395.05, attorney's fees of $2,080.00 and accruing interest at the rate of $32.37 per day together with late charges and attorney's fees after the date of first publication of this notice of sale; and WHEREAS, the property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before submitting a bid. NOW THEREFORE, 2010 -1 RADC /CADC Venture, LLC, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln, County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on March 12, 2013, at the front door of the Lincoln County Courthouse located at Keirunerer, Lincoln County, Wyoming, for application of the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to wit: Lot 89 of Alpine Meadows Subdivison, filed August 23, 2005 as Instrument No. 911176 of the records of the Lincoln County Clerk. The Real Property or its address is commonly known as Lot 89 Alpine Meadows, Alpine, Wyoming 83128. The Real Property Assessors Parcel or tax identification number is 12- 3718- 29 -2 -00- 262.00 and 12- 0000- 00 -R -00- 291.10. Together with all improvements thereon situated and all fixtures and appurtenances thereto. This notice is not meant to be an exhaustive recital of the rights or remedies of 2010 -1 RADC /CADC Venture, LLC, all of which are expressly reserved. Further, this notice shall not be construed as a waiver (express, implied or otherwise) of any rights or remedies of 2010 -1 RADC /CADC Venture, LLC. Sincerely, OHN R. GOODELL (WSB 5 -2817) Attorney for 2010 -1 RADC /CADC Venture, LLC KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming q °recd xecute ge 132 �n th f th n $t a ate of prporation as,R ie Tetons enture, LLC, a Delaware limited gy m, „arr0 010 effective as z ipai,i. edin e and ttorn fees on may be subject to an" sh @d4 at th Asale. be sort 0 ltabiit' e Tetons, k eredbY ortga$@:4`was e e4r r3 s o.,,.. e Wyon ng�3 o r ..28 eaeiver,for utiity, h@ aghest 13, at er a s pine arcel 214D' KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN I, Michael Jensen, do hereby, upon my oath, depose and say that I am the Publisher of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of 4 consecutive issues /weeks; the first publication being on the )4 day of day of L i 20 and the last publication bein on the 10 (0) 4) 20 1 3 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mich otary Signa nsen, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF 1 STATE OF LINCOLN f WYOMING MY COMMISSION EXPIRES 515116 Subscribed in my presence and sworn to before me on this day of 'N(�/)�a' 1/ A.D., 20 3 by sen, Publish 00 737