The URL can be used to link to this page

Home My WebLink About970315a 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 Jeffrey Tibbitts as follows: (i) Construction Mortgage (the "Mortgage dated May 23, 2007, executed and delivered by Jeffrey Tibbitts, 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 May 30, 2007, in Book 659PR, page 785 in the records of the office of the Clerk in and for Lincoln County, State of Wyoming; (ii) Modification of Mortgage dated August 2, 2007 "First Modification executed and delivered by Mortgagor to Original Mortgagee, and which First Modification was recorded on August 13, p oo n 2007, in Book 668PR, page 624 in the records of the Office of the Clerk z O r- in and for Lincoln County, State of Wyoming; and (iii) Modification of n rnm Mortgage dated February 1, 2010 "Second Modification executed c c c- o 0 and delivered by Mortgagor to the Federal Deposit Insurance z 0 w Corporation as Receiver for the Original Mortgagee and which Second 0 r o Modification was recorded on February 26, 2010, in Book 743PR, page rn -u co w 108 in the records of the Office of the Clerk in and for Lincoln County, o State of Wyoming. A Z !7 s w MK m a co 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, a Delaware limited liability company, its successors and assigns, executed on September 1, 2010, effective as of August 26, 2010, and recorded on November 29, 2010, and Book 757PR, page 792 in the records of the office of the Lincoln County Clerk in and for Lincoln County, State of Wyoming 83128. Page 1 of 3 Affidavit for Foreclosure Sale 0:394 rn 3. That the mortgage covers the following described real property, to -wit: Lot 156 ofNordic Ranches Division No. 11, 2 Filing, Lincoln County, Wyoming according to that plat filed May 24, 2007 as Receiving No. 929684. The Real Property or its address is commonly known as 120 Pony Circle, Etna, Wyoming 83118. The Real Property Assessors Parcel or tax identification number is 12- 3619- 26 -4 -00- 280.00, together with all improvements thereon situated and all fixtures and appurtenances thereto. 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 hereto and marked Exhibit "B DATED this A da of April, 2013. Y p Jo f' Goodell, WSB 5 -2817 Post Office Box 1391 Pocatello, Idaho 83204 208 232 -6101 Page 2 of 3 Affidavit for Foreclosure Sale _ir0 3 Ei Subscribed and sworn to before me this o h d day of April, 2013, by John R. Goodell. WITNESS my hand and official seal. IA d. A& A LA Nota •ublic r Residing: C leflO -C My Commission Expires: /29 Page 3 of 3 Affidavit for Foreclosure Sale EXHIBIT A oO397 W. MARCUS W. NYE RANDALL C. BUDGE JOHN A. BAILEY, JR. JOHN R. GOODELL• JOHN S. 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 NOLAN E, WITTROCK ALSO MEM0ER WY BAR Jeffrey Tibbitts 120 Pony Circle Etna, Wyoming 83118 2010 -1 RADC /CADC Venture, LLC 4200 West 115' Street, Suite 100 Leawood, KS 66211 Gary A. Barney P.O. Box 690 Lander, WY 82520 To Whom It May Concern: LAW OFFICES OF RACINE OLSON NYE BUDGE BAILEY CHARTERED 201 EAST CENTER STREET POST OFFICE BOX 1991 POCATELLO, IDAHO 89204.1391 TELEPHONE (208) 232.0101 FACSIMILE (208) 232.6109 tvw v,racInelaw.net SENDER'S E -MAIL ADDRESS; JrgO@raclnelaw,net February 20, 2013 Internal Revenue Service 1 999 Broadway MS 5021 DEN Denver, CO 80202 -2490 Attn: Technical Services Group Manager Justin Kallal Justin Kallal, P.C. P.O. Box 8406 Jackson, WY 83002 BOISE OFFICE 101 SOUTH CAPITOL BOULEVARD, SUITE 300 BOISE, IDAHO 03702 TELEPHONE, (209) 398.0011 FACSIMILE; (208) 433.0167 IDAHO FALLS OFFICE 477 SHOUP AVENUE SUITE 107 POST OFFICE BOX 50898 IDAHO FALLS, 10 83405 TELEPHONE: (206) 828.8101 FACSIMILE, (208) 528.0108 ALL OFFICES TOLL FREE (877) 232.6101 LOUIS F. PACINg 11917.20051 WILLIAM 0. OLSON, OF COUNSEL JONATHAN 8. SYINGTON, OF COUNSEL Delivered via Certified Mail Return Receipt Requested and Regular us. Mail Re: SECOND AMENDED 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 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: February 20, 2013 Page 2 WHEREAS, default in the payment of principal and interest has occurred under the terms of a (i) Construction Mortgage (the "Mortgage dated May 23, 2007, executed and delivered by Jeffrey Tibbitts, 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 May 30, 2007, in Book 659PR, page 785 in the records of the office of the Clerk in and for Lincoln County, State of Wyoming; (ii) Modification of Mortgage dated August 2, 2007 "First Modification executed and delivered by Mortgagor to Original Mortgagee, and which First Modification was recorded on August 13, 2007, in Book 668PR, page 624 in the records of the Office of the Clerk in and for Lincoln County, State of Wyoming; and (iii) Modification of Mortgage dated February 1, 2010 "Second Modification executed and delivered by Mortgagor to the Federal Deposit Insurance Corporation as Receiver for the Original Mortgagee and which Second Modification was recorded on February 26, 2010, in Book 743PR, page 108 in the records of the Office of the Clerk in and for Lincoln County, State of Wyoming. WHEREAS, the Mortgage was assigned for value as follows: Assignor: Assignee: Assignment Dated: Assignment Recorded: Location: The Federal Deposit Insurance Corporation as Receiver for the First Bank of Idaho, fsb dba First Bank of the Tetons, 2010 -I RADC /CADC Venture, LLC, a Delaware limited liability company, its successors and assigns executed on September 1, 2010, effective as of August 26, 2010, November 29, 2010 Book 757PR, page 792. 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; 60399 February 20, 2013 Page 3 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 (March 7, 2013) being the total sum of $452,280.49, which consists of the unpaid principal balance of $364,242.39, plus interest accrued to the date of the first publication of this notice in the amount of $33,253.88, default interest accrued to the date of the first publication of this notice in the amount of $50,811.77, costs expended in the amount of $1,795.58, late fees of $767.87, attorney's fees of $1,409.00 and accruing interest at the rate of $182.12 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 April 2, 2013, at the front door of the Lincoln County Courthouse located at Kemmerer, Lincoln County, Wyoming, for application of the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to wit: Lot 156 of Nordic Ranches Division No. 11, 2nd Filing, Lincoln County, Wyoming according to that plat filed May 24, 2007 as Receiving No. 929684. The Real Property or its address is commonly known as 120 Pony Circle, Etna, Wyoming 83118. The Real Property Assessors Parcel or tax identification number is 12- 3619- 26 -4 -00- 280.00. 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 0' 0 0 February 20, 2013 Page 4 RADC /CADC Venture, LLC, Sincerely, JO 1'N R. GOODELL (WSB S- 817) Attorney for 2010 -1 RADC /CADC Venture, LLC EXHIBIT B 10402 ru Ui cf0 rR m D r- rR D rR r- 'ERTIFIED MAIL, RECEIPTS/II omestic Mail Only; No Insurance Coverage Provided) For deilve information visit our website at www.usps.com ru Ln m co rtili Fee D Return Receipt Fee D (Endor-semaut Roquired) Fles*Zricted Delivery Fee (Endorsement Required) N J3 TeL‘I Postage Fees Snf lb r-9 CI v6-h Street, Ap o.; rs or PO Box No. p, (41,1, State, 2:1144 1 PS Forth 3800. August 2006 See Reverse for InstrtIctlerts Allen. A U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information Wait our website at enmuspa.come r PO Box No. City, State, .71P+ 4 Postage Certified Fee -4 Retain Receipt Fee E3 (Endorsement Required) Restricted Delivery Fee (F.attersrunent Reqr tired) Total Postage 151rr. Po stmark lore Sent ‘PerCei eMe.i \i‘ektet-Y Street, Apt. No.; toe- A PS'Portri 3800 August 2008 See Reverse for Instructions LfJ N ru U, m el] r-9 1:3 ostal Service, CERTIFIED MAIL,. nia.ElPT (Domestic Mall Only; No Insurance Coverage Provided) For *dive information visit our website at mmusps.corriu Postage Gortitied Fee flelet Fee (El ;dersement Rocuircd) Restricted Delivery Fee (Fridorsement Required) N Total Postage S Fees .12 sfige, or PO Box No. City, State, .7.71 Er Pu rl m 1=0 rR D rai D D N 1-9 1:3 r N 00403 Postmark Here) 411lk PS Form 3800, August 2006 44J oP See Reverse for Instructions U.S. Postal Service TM CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information uiOlt our website at womusPa•oomo Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Requirod) Total Postage 8, Fees PS Form 3800. August 2006 111, MY See Reverse for Instruction Street, Apt. No.; or PO Box No, City, State, ZIP+4 U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.00mv Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees Postage Sent To juit\ 7 5 or Po Box Na pAA. fa (4.,, State, 7/P+4 Postmark Here 11-kAn 014{ Postmark Here i\AS.,;atral A IA t ...41 PS Fenn 3800, August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION 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: 210- I ICS v vnkit yp,co �ts� �fi.sr}e 100 uDd, Ce(o21 2. Article Number (Transfer from service label) PS Form 3811, February 2004 SENDER: COMPLETE THIS SECTION 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: \II)pc. o. J °Ow 2. Article Number (Transfer from service label) PS Form 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY A. Signet X Domestic Return Receipt eE rved by (Printed Name) C. Date of Delivery /4 ?6 2 ray D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No 0 0 4 0 1. 3. Service Type Certified Mail Registered Insured Mail A. Signature X B. Received by Printed JAC D. Is delivery a If YES, ent AI -o 0 3. Service Type ,4 Certified Mail Registered Insured Mail 7010 1670 0001 3815 2912 Agent Addressee Express Mail Return Receipt for Merchandise C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 7010 1670 0001 3815 2882 102595.02 -M -1540 COMPLETE THIS SECTION ON DELIVERY Agegx_ J,2- Addressee Date of Delivery f Ifferent fro �fe 1? Yes very a gP^p Co S c Express Mail Return Receipt for Merchandise C.O.D. 4. Restricted Delivery? (Extra Fee) Yes Domestic Return Receipt 1o2595 -02 -M -1540 0 N CD I AN- w rU ..o .D D D w In ru 0 u-f 8 a m m cD 2 V 1 -<a m a a 0 0 30 0 B CD v C D N 33a3 a, CD n« '0 O C =$1) CD CD 3w�w m Cr a CD 3 T n y Z ,=io a to o O (D CO 3 O CD N O cFinaa (D C) ('f co cc 0 D ri 0 0 r 0 PI C Z D 0 0 Z o S m m A m 0 X m C o co o C o ro w r7 0 II 0 D P Q A m N Q w r D w 01 Ui CO gm& ca n) N O w l ca UNfl v cct a KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF SHERIFF'S SAL WHER default in the payment ,of principal and interest has .oc curred under, the terms of a,,,(Q) Cons ruction Mortgage (the "Mort gage dated May 23, 2007, execgt del ered�by Jeffrey Tibbrtt f Single man "Mortgagor to First Bank 4, fIdaho, fsb', dba First Bank odelivf the Teton, "Original Mort ga"), hich ortgage ud apd;- Bred by said Mortgagor, to gee said O o ortgagee was and exec whi ],Mortgage was recorded on May 30, 2007, in Book 6 59PR, p age 785 in the records of the office of the Clerk in and for Lincol Cou State of Wyoming (ii) Modification of Mortgage dated August 2, 200 "First Modificat on executed and delivered Mortgagor to Original', Mortgagee and First Mollification was recorded on Augpst 13,2007, in Book 66,81PR page 624 in the records of the Office of the,lerk;in and for Lincoln State of Wyoming; and (iii) Modification of Mortgage' datedFeb nary 1 2010 "Second Modification ")'executed irtd. delivered by Mortgagor to the Fed Ins Corporation. as Receiver for the riginal Mortgagee and which Second urance Mtis recorde o n February 26, odificaon was 2010, eral in Book 743PR, page 108 in the records of the Office of the Clerk'in and for Lincoln County, State o W yomi WHEREAS, the Mortgage was assigu,etl for value as follows Assignor: The Federal Deposit Insurance Corporation as Receiver for. the First Bank of Idaho fsb dba FirstB ank of the,Tetons. Assignee: 2010 -,1 RADC /C4DC Venture LLC ,aDelaware company, its successors and as- signs Assignment Dated: executed on, September 1, 2010, effective as o August 26, 2010 Assignment Recorded: November 29,62010 Location: Book 757PR, page 792. All in the records of the County, Clerk in and for Lincoln,. County, Wyoming;I WHEREAS, the Mortgage contains a power of sale which by reason. of. said default, 2010 -1 RADC /CADC f "enture, L,LC declares, to ha become operative, and no suit .or ng has beet ,institutedat law to recover the debt secured by „the Mortgage, or any part thereof, ,no has any such suit or proceeding been institilted,and the same discontinued WHEREAS, written notice of„intent,to foreclose theM by advertisement and sale has been served,4��pon the record owner and, the party in possession of the mortg prentses at least ten (10) day to the commencement of this publication, and the amount due, u qn .the Mortgage on the date of first publication of this notice of sale (M4c1i 7, 2013) being the total sum of $452, which consists of the unpaid principal balan e of $364,242.39, plus,interest accrued,.to,the date'of th e a first publication this notice in the mount of $33,253.8'8, .defa interest accrued to the date of the first pub1eation of this notice in the Amount of $50,811.77, costs expended in the,amount of $1,795.58, late fees of $767.87, attorney's fees of $1,409.0Q and,accruing interest at the rateof $182.12 per day together with late charges and attorney's fees,afterthe date of first publication of this, notice, of sale; and WHEREAS; the property being for,e.Qlosedupon may be subject to other liens and encumbrances that will',,not be extinguished at,the,sale. Any prospective purchaser should 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 lawprovided,by causing the p rtgage, o ert o b s l at public venue e,S eriff o �rRra P Y�tt e.,o i}a. P t1?Y h or Deputy Sheriff in andfor Lincoln, „County, Wyoming tq the highest bidder for cash at 10:00 o'clock the forenoon on April 2, 2013, at the front door of the Lincoln County Courthouse located at Kemmerer,Liin frti�S�AZaiul e hi 4)*4 Iosln.iadnS agpug a8,pub ps. pnotOo 144AtII1OW aoueualum �ornt�1E u srn rorT ns.,patteRlymn, ptio0A ho pi 0a uos.f¢ �aIO inifoa CpS'Ptiva/x aid' ndoa uoIutIH uaoa ,f,,.,,, viral kinrTarr rnnr^s 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 consecutive issues /weeks; the first publication being on the 7 day of 1 1 7 C l7/ 20 3 and the last publication being on the day of 1(0* 20 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ichael ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF t STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn before me on this day of 1 /y II) A.D. y Michael7)nsen, Publish- Notary Sig KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN n, Publisher to 00406