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HomeMy WebLinkAbout970313165409 STATE OF WYOMING COUNTY OF LINCOLN AFFIDAVIT FOR FORECLOSURE 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 Glenn J. Ronning as follows: Mortgage dated May 11, 2006, executed and delivered by Glenn J. Ronning "Mortgagor to First Bank of Idaho, FSB "Original Mortgagee which Mortgage was executed and delivered by said Mortgagor, to said Original Mortgagee, and which Mortgage was recorded on May 16, 2006, in Book 620PR, page 92 in the records of the office of the Clerk in and for Lincoln County, State of Wyoming. 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, 2010, effective as of August 26, 2010, and recorded on November 15, 2010, and Book 757PR, page 157 in the records of the office of the Lincoln County Clerk in and for Lincoln County, State of Wyoming 83128. 3. That the mortgage covers the following described real property, to -wit: Lot 131 of Alpine Meadows Subdivison, Lincoln County, Wyoming, according to that plat filed August 23, 2005 in the office of the Lincoln County Clerk as Plat No. 206 -A. The Real Property or its address is commonly known as Lot 131 Alpine Meadows, Alpine, Wyoming 83128. The Real Property Assessors Parcel or tax identification number is 12- 0000- 00 -R -00- 290.02, together with all improvements thereon situated and all fixtures and appurtenances thereto. Page 1 of 2 Affidavit for Foreclosure Sale r o o CC) n mm c c 0 o Z y Z Z n m m 0 tD w >D 0 C w Z W oa N m 73 m A 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 attachedrhereto and marked Exhibit "B DATED this day of April, 2013. Jo r/' Goodell, B 5 -2817 Post Office Box 1391 Pocatello, Idaho 83204 208 232 -6101 ublic Page 2 of 2 Affidavit for Foreclosure Sale Subscribed and sworn to before me this Ali day of April, 2013, by John R. Goodell. WITNESS my hand and official seal. Not. Residing: d(w7(U My Commission Expires: EXHIBIT A 0 38 4 IHI ECEIPT me tie M al! drily; No Intutance Coverage Provide SENDER: COMPL TC "Jig SECTION r attaa Va It of rtiwebatte;at www.0 S COMPLETE THIS SECTION ON DELIVERY A. Sign X B. Received .y (Printed Name) Agent Addressee C. Date of Deliver Retum fte .,eil I Fee ol.¢emknt Required) tlricted Delivr:ly rae orscmer) Fk =gnO?dl Postage Cerlifled Fee return Receipt Fee semen' Required) feted Delivery Foe semen' Required) Postage F eera t Apt. No.; Box No. State, ZIP +4 tal Postage Fees i!ia et, Ajrt Nn O Brix No f State, ZIP+4 Orrin e$e0 August 2000 see Reverse tor In f•`oskrge Certified Foe leturn Receipt Fee rsement Required) acted Deliver Fee rsomont Required) .I Postage Fees Box No• `J "zr'ri.� r eHvery iftomtation visit out webslteat www.usps.cortre Post Posh Here c )440 i 0310: /a010, vTtAtAk15 k 0 C :dgies Complete items 1, z, ana S. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I °1 \Y\vkAwkij vvc 502A uirKi ?an\rev o2.0 2. O --2 1 7Article Number 7 010 1670 0 0 011 3 815 27 83 :..PS Form 3811, February 2004 Domestic Return Receipt S. Postal ServceTM ERTIFIED MAI:LTM RECEIPT mest(a Mall .Qn .y No Insurance Coverage Provide SENDER: COMPLETE THIS SECTION deity ery intormatlon vlett of r. webal at wslrw.4s s.cotn Postmark Here 4 AC.,*. el LLa estlle m 3800, August 2006 See Reverse fgrftlskr. Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Nem J ea 2. Article Number (Transfer from service label) COMPLETE THIS SECTION ON DELIVERY A. Sig X B. eceived by (Printe 3. item l? nt essee elivery PS Form 3811, February 2004 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: idA 2P IQ—1 (C-' \ly°.v eovvv 0 QA, YS 2, PS Form 3811, February 2004 7010 1670 0001 3815 2776 Domestic Return Receipt Domestic Retum Receipt D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No, 00385 3. Service Type Certified Mail Registered Insured Mail 4. Restricted Delivery? (Extra Fee) D. Is delivery address If YES, enter delive 5 ice Type Certified Mail Registered Insured Mail 4. Restricted Delivery? (Extra Fee) Yes Postal erviceTm RTIFIED MAILTM, RECEIPT estic Mall Only; No Insurance Coverage Provided) SENDER: COMPLETE THIS SECTION A, A rm 3600. August 2006 /A See Reverse for Instf 2. Article Number (Transfer from service label) COMPLETE THIS SECTION ON DELIVERY Signatu Agent Addresser C. Date of r) Delive D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No 3. S Ice Type 3. Mail Registered Insured Mail 4. Restricted Delivery? (Extra Fee) 7010 1670 0001 38115 2806 Express Mail Retum Receipt for Merchandise C.O.D. nt fro( es-:: 4 OsT 000 Yes 102595 02 M 1541 Express Mail Retum Receipt for Merchandise C.O.D. 102595 -02 -M -154 Express Mail Retum Receipt for Merchandise C.O.D. Yes 102595.02 -M -1541 as 1.,,1114 06L2 ST9E TO00 OLEIT OTOL C Tr. 04 co co 0, 0 C> f 0 W 2 i-,—.1 c, s 1iNfl, (NI 11: CC LO s.- to LU 0 ....I Li j..„) vo.,": I,: l:•:: '..1_11:(2./ V) 4 'Cr 2 c4, 0 0 co f y.: a (:r) u. co P o 2 :Q.:, L Ll. C■1.) .,.:1:,::1:! C:: .11 11 EL) 14J 0 re) 7.:, C:4 --•1 00 c..,1 '7... re C4 1 C 4: re rN. 0( aiiii.41. fif is 111 M■Iwo..1■•■••••• 111•11■Mmem. 1•11■■■■■■• 1. MinIMM111.111Mignin 161•11111111.11.......M111=1 ■11■11■=111m.111■1 •1 1•1■1111111■■•■=11 1011 1MINIMON 01 111 ■■•■.1■110 11 ■1■111111=11•11■ 1 101111 ■1181.11111■11. ■■■■•=1.= EMII•milli■•■••■•■ L.. 0 w 0 0 5 03 w 0 7 Id F) Ui I X LI 01 0 CI) CC 01 0 w hi I U 1:C Z E u 0 U Id U cn ru w 0 n. INI■ rZJ D 0 ;3 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. A(KEN RICHARD A. HEARN, M.O. 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 N. 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 Dennis R. Spurling 959 Wagon Wheel Lane Lincoln, CA 95648 Linda D. Spurling 959 Wagon Wheel Lane Lincoln, CA 95648 LAW OFFICES OF RACINE OLSON NYE BUDGE Be BAILEY CHARTERED 201 EAST CENTER STREET POST OFFICE BOX 1391 POCATELLO, IDAHO 83204.1391 TELEPHONE (208) 232 -8101 FACSIMILE (208) 232.6109 www.racInelaw.net SENDER'S EMAIL ADDRESS; erg ©racinelaw.net March 28, 2013 Internal Revenue Service 1999 Broadway MS 5021 DEN Denver, CO 80202 -2490 Attn: Technical Services Group Manager WHEREAS, default in the payment of principal and interest has occurred under the terms of a mortgage (the "Mortgage dated January BOISE OFFICE 101 SOUTH CAPITOL BOULEVARD, SUITE 300 BOISE. IDAHO 83702 TELEPHONEI (200) 395.0011 FACSIMILE, (208) 433.0167 IDAHO FALLS OFFICE 477 SHOUP AVENUE SUITE 107 POST OFFICE BOX 50898 IDAHO FALLS, 10 83405 TELEPHONE, (208) 828.6101 FACSIMILE; (208) 528.6109 ALL OFFICES TOLL FREE (877) 232-6101 LOUIS F. RACINE (1917.2005) WILLIAM 0. OLSON. OP COUNSEL Delivered via Certified Mail Return Receipt Requested and Regular U.S Mall Re: NOTICE OF INTENT TO FORECLOSE MORTGAGE BY ADVERTISEMENT AND SALE AND FORECLOSURE SALE NOTICE To Whom It May 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 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 Sheridan Press: 0387 March 28, 2013 Page 2 8, 2008, executed and delivered by Dennis R. Spurling and Linda D. Spurling, husband and wife, "Mortgagor to New Frontier Bank "Original Mortgagee which Mortgage was executed and delivered by said Mortgagor, to said Original Mortgagee, and which Mortgage was recorded on January 24, 2008, in Book 694 of Photo, page 448 in the records of the office of the Clerk in and for Sheridan County, State of Wyoming 82801. WHEREAS, the Mortgage was assigned for value as follows: Assignor: Assignee: Assignment Dated: Assignment Recorded: Location: All in the records of the Wyoming; The Federal Deposit Insurance Corporation as Receiver for New Frontier Bank 2010 -1 RADC /CADC Venture, LLC, a Delaware limited liability company executed on September 1, 2010, effective as of August 26, 2010, October 19, 2010 Book 781 Photo, page 107 County Clerk in and for Sheridan County, 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 (April 11, 2013)being the total sum of $213,768.11, which consists of the unpaid principal balance of $128,500.00, plus interest accrued to the date of the first publication of this notice in the amount of $85,088.08, protective advance in the amount of $180.00, and accruing interest, at the rate of $49.08 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 ij0388 March 28, 2013 Page 3 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 Sheridan, County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on May 10, 2013, at the front door on the north side of the Sheridan County Courthouse, located at 224 South Main Street #B8, Sheridan, Sheridan County, Wyoming, for application of the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to wit: Lot 18, Block B, Powder Horn Ranch, Planned Unit Development, Phase One. A subdivision in Sheridan County, Wyoming, filed as Plat #P -36. The Real Property or its address is commonly known as vacant land in Sheridan County, Wyoming. The Real Property Assessors Parcel or Tax Identification number is APN #20050. 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. Sincere] JO R. GOODELL (WSB 5-2 17) Attorney for 2010 -1 RADC /CADC Venture, LLC y 03d9 EXHIBIT B X0390 KEMMERER GAZETTE NOTICE OF SHERIFF'S SALE W defaitltil the payment of principal and interest 'has oc- curred u114:0`the terms' of a mortgage (the "Mortgage dated May 11, 2006, executed and"" deli by' Glenn' J. Ronnrng )'to Firat•Bank of Idaho, FS$'(" OriginalMortgagee ^which,Mortgage ortgage was e, executed and delivered by said Mortgagor, to said Orig nal'M and which Mortgage was recorded on May 16, 2006, in400k 620PR, page 92 in the records of the office-of the Clerk in and'for Lincoln County, State of Wyoimng, 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 4 RADC /CADC Venture, LLC, a Delaware limited liability company Assignment Dated: executed on September 1, 2010, effective as of August 26, 2010, Assignment'. Recorded: November 15, 2010 Location: Book757PR, page 157 All in the records' of the County, .Clerk in and for Lincoln County, Wyoming; WHEREAS, the Mortgage, contains a power of sale which byreason of said defaults 2010 -1 RADCICAI?C.Venture, LLC, declares to have becomeloperative, andrno,suit or proceeding hasibeen dnstit instituted at law to recover the debtsecured by the Mortgage, or any part"thereof, nor has any spch s1ut 4r proceethngheen nl httit®dianclltlle samneldiscontinued; eA •S; W °nptte ^4f hntant£t the4 Mo rtgage b advert cem a iii sale °l. r b eenirs r 3 8d,. pp nn the ,record owrier party in posses or the mortgag aIl e �as t t en (10) d ays p to th e co ence acid the amount up t he Mortgage onwthe t first licationzof „t h isinotice of sate.(March 7 2013) being t11 luBsum of 7 2 334 b8` w hich cons of ther.unpaid principa i p”' $50,r 70 95 ,d ,plus;int erestaccrue d to the date o f the firstpubltc` tio o f x swnotice inathe amount of $21,863.73, costs expended in +the a m taunt o $234.00," ees`of $1,1351. and accru i Merest at the rate of „$25 24 p er da together with late charges and of torney flies fter the date of first publication of this notice of sale; and other liER E ,,,the property being ,forecloseda pon rnaykbe subject to „,n and encumbrances that will ,be, extinguished at the sale. Any prospective purchaser" should rese 'the status of before submitting a bid. i, NOW THEREFORE, 2010-1 A C /CADC Venture, LLC, as the Mortgagee' will have the Mortgage foreclosed' as by law provided: by causing the mortgaged property to be sold'atpublic venue b the Sheriff or Deputy Sheriff' in and for Lincoln' C ounty, Wyoming -toihe highest ?bidderfor cash'at 11:00 o'clockin the forenoon on April 2, 2013, at the front door of the County Courthouse located at Kemmerer,' Lin cola Cotthty, Wyoming, for application of the above described amounts securedpby theyMortgage, said mortgaged !property being described' as follows,, to "wit :l 'Lot 131' ofAlpineMeadows Subdivis'on Lincoln County,' Wyoming, according to that plat filed August 23, 2005 in the office of the Lincoln County Cl'erk'as Plat No. 206 -A. The Real Property or its' address'is commonly known as Lot 131 Alpine Meadows Alpine, Wyoming 83128 The Real Property Assessors Parcel or7taxticlsin ficatr $n�numberis`l'2- ,0000 00290:02. T t %,ith all i rrnirnproverrient thereon'situated' and all'fixtures and app+irtenances :.f• °s 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 ex pressly reserved. Further,' this notice shall construed as a waiver (express, `implied or otherwise) ,of 'any rights or remedies of 1 2010 -1 RADC /CADC Venture, LLC. PUBLISH: March 7, 14,21, 28, 2013 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 0307D k_■ 4 AIL Michael Jens Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF tt` j STATE OF LINCOLN 1dr::'.+' WYOMING MY COMMISSION EXPIRES 5/5/16 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 the first publication being on the day of 4 W/7 and the last publication being on the ,t7j day of !VLG/U 20_73_; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) consecutive issues /weeks; Subscribed in my presence and sworn to before me on this l)1iv by Michael Jer'yen, Publik Z te. I Notary Sign ture KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 20 day of 0 39