HomeMy WebLinkAbout975785When Recorded, Return to:
Kleinsmith Associates
6035 Erin. Park Dr. #203
Colorado Springs, CO 80918
800 842 -8417
.0, A Lt, Bell A WQ-1
Wyoming Notice of Default
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.
(1) Purposes. 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. Another purpose is to give the Interested Parties
an opportunity to Cure and Payoff Rights (No. 6 below) and avoid this foreclosure.
(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 permitted.
(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 /or become its owner by being the highest and best bidder by a deed without
warranties and guarantees. The Collateral may be subject to other hens and 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 shall be held:
Date: July 15 2014.
Time: 10:00 a.m.
975785 4/2/2014 2:47 PM
LINCOLN COUNTY FEES: $36.00 PAGE 1 OF 9
BOOK: 829 PAGE: 863 NOTICE
JEANNE WAGNER, LINCOLN COUNTY CLERK
11111111111111111111111111111111111111111111111111111111
11111111111
Place: Lincoln County Courthouse, 2 Floor
925 Sage Ave
Kemmerer, WY 83101
1111 1111
This sale date can be changed. The same sale date or a new sale date will be stated in a separate Notice of Sale given to
you.
(6) 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. Payoff Right), if paid before the Foreclosure Sale. The Trustee will provide those amounts to you if you
request them. A Cure will nullify this Notice and its foreclosure sale. No Cure or Payoff 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) 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 period to redeem. When there is an IRS Lien, IRS has 120 days
after the sale to redeem.
(8) 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.
(9) Military Service. None of The Interested Parties are in the Military Service of the United States of America as evidenced
by the attached Military Status Reports.
(10) Stay Order. No Stay Order prohibits this foreclosure.
Philip M. I(1 msmith
State of Colorado
County of El Paso
On March 27, 2014, 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 authority to exercise the power of sale in The
Lien. The Trustee has the power to foreclosure pursuant to the Foreclosing Party's instructions. Witless my hand and
official seal. My commission expires: 10/29/2017
Name and Address of Notary:
Name: Jessica Chidester
6035 Erin Park Dr., 203
Colorado Springs,CO 80918
THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SEAL)
Attorney for the 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@Ideinsmithlaw.com
tâ– ,-Lek_
JESSICA A. CHIDESTER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134066918
My Commission Expires 10 -29 -2017
Mailing Notes: This Notice with attached Schedules 1, 2, and 3 and Military Status Reports were mailed on the date stated
below:
(a) The original was mailed by certified mail to be recorded;
(b) Copies were mailed by regular and certified mail, retum receipt requested, to the Interested Parties 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 with,
in addition, a copy of its /their recorded liens.
Dated: _March 28, 2014.
3
Signal e of M: er.
Schedule A: Cure and Payoff Amounts
1 Cure Amount i e The amount required to bring The Debt current and
stop collection activity) as of December 27 2013
(a) Payments due 30,160.27
(b) Late Charges 397.04
(c) Other Charges Other 45.00
Corp Advance 1268.00
(c) Attorney's Fees and Trustee's Fees
(Will be added when permitted by law) -0-
(e) Attorney's and Trustee's Expenses: -0-
(f) Total and Cure Amount $31,870.31
THESE AMOUNTS CHANGE DAILY. DO NOT PAY THIS TOTAL WITHOUT CONFIRMING THE
CORRECT TOTAL BY CALLING THE TRUSTEE AND /OR THE ATTORNEY.
2. Other Defaults: Non Performance of Other Obligations: None
3. Payoff Amount i e The amount required to payoff The Debt) as
of December 27, 2013.
(a) Principal $146,986.06
(b) Interest $10,957.23
(c) Late Charges: $45.00
(d) Other Charges: Escrow Advance $397.04
Other $57.00
Unpaid other Fees $1,268.00
(e) Attorney's Fees and /or Trustee's Fees
(Will be added when permitted by law) -0-
(f) Attorney's and Trustee's Expenses: -0-
(g) Total and Payoff Amount 163,228.45
THESE AMOUNTS CHANGE DAILY. DO NOT PAY THIS TOTAL WITHOUT CONFIRMING THE
CORRECT TOTAL BY CALLING THE TRUSTEE AND /OR ATTORNEY.
In these definitions, the singular includes the plural and the plural
includes the singular. The person or things they apply to herein are stated on
the right side hereof.
1. The Auctioneer: The person
who will conduct the sale
of The Collateral
2 The Collateral: The property
given to pay The Debt when
The Debt is not paid.
3. Cure Amount The amount
required to bring The Debt
payments current and stop
collection activity.
4. The Debt: The written paper
agreeing to pay money.
5. The Debtors: The person(s)
who are now obligated to
pay The Debt
6. The Defaults: The Debtor's
monetary or other duties not
timely performed under The
Debt and The Lien.
7. The Foreclosing Party/
Creditor: The person who now
owns The Debt and The Lien.
Schedule 1: Definitions (p.1)
1. The Sheriff or Constable or
their agent or The Present
Trustee or his agent
The Foreclosing Party or
his agent.
2. See p.3 of Schedule 1
3. See Schedule A No. 1(f)
4. (a) Dated: 11/22/2010
(b) Titled: Note
(c) Original Principal
Amount: $156,000.00
5. Name(s) Only (For addresses see
Schedule 2): Dustin R, Snively
Tiffany J. Snively
6. See Schedule A Nos. 1 and /or 2
7. (a) Name: U.S. Bank National
Association
Its single point of contact
(i.e. person with Authority to
modify The Debt)
8. Foreclosing Party's/
Creditor's Servicer: The
person who manages delinquent
debts for The Foreclosing
Party /Creditor
9. The Interested Parties:
The person(s), other than
The Foreclosing Party/
Creditor who claim or may
claim an interest in The
Collateral.
10. The Lien: The written paper
by which The Collateral was
made such for The Debt e g
a Mortgage, Deed of Trust,
Trust Indenture, Homeowners
Association Lien, Security
Agreement /Financing Statement).
Schedule 1: Definitions (p.2)
11. The Mortgagor (s) /Grantor (s)
The person(s) who originally
gave The Collateral as
collateral
(b) Name: Latanya Oneil
(c) Address:
4801 Frederica
Owensboro, KY 42301
(d) Phone: 855 698 -7627
(e) Fax: Unknown
(f) Email:
latanya.oneil @usbank.com
8. (a) Name: N/A
(b) Address: N/A
9. See Schedule 2, attached.
10. (a) Titled: Mortgage
(b) Dated: 11/22/2010
(c)
(d)
(e)
Date Recorded /Filed:
11/30/2010
Recording Data:
000097
Original Lienholder Name
Address):Mortgage
Electronic Registration Systems
Inc. as Nominee for U.S. Bank
National Association
11. "X" (a) or (b)
(a) X Same as #5
(b)
(Name(s) Only):
Different than #5:
12. The Original and Subsequent
Lienholders: The person (s)
who originally or subsequently
owned The Debt and The Lien.
13. Original Trustee: The person
so appointed in The Lien.
14. The Owner (s) /Presumed
Possessor (s) The person (s)
who own and presumably
possess The Collateral.
15. Payoff Amount: The amount
required to payoff The Debt
totally, release The Lien,
and stop any collection
activity, including this
foreclosure.
16. Present Trustee and /or
Attorney: the person now
appointed by The Foreclosing
Party /Creditor to conduct the
foreclosure.
17. Value of The Collateral
18. The Collateral:
(a) Real Property Collateral:
Schedule 1: Definitions (p.3)
(1) Common Description: 321 Cedar Street
LaBarge, WY 83123
12. (a) Original Lienholder: See
Schedule 1 (p.2) No. 10 (e)
(b) 1st Assignee (Name
Address): U.S. Bank National
Association
13.
(c) Recording /Filing Date:
9/24/12
(d) Recording Data:
Bk 749PR, Page 666
Name(s) Only: N/A
14. See Schedule 2
15. See Schedule A, No. 3(g)
16. See Notice to which this
Schedule is attached or
Complaint to which it is
attached.
17. Unknown, but, more than
$5,000.00
Schedule 1: Definitions (p.4)
(2) Legal Description: Lots 4, 5 and 6, Block 1, Alleman Second
Addition to the town of LaBarge, Lincoln County, Wyoming, as described in
the official plat filed on November 29, 1989 as Instrument No. 711017 of
the records of the Lincoln County Clerk
(3) Assessor's Parcel No.: 2612- 06 -4 -18- 221.00
(b) Personal Property Collateral:
(1) Common Description: None known
(2) Legal Description: None known
Schedule 2: Interested Parties (p.1)
Names and Type of Document Evidencing type
Addresses Interested of Interest (If Recorded/
Party Filed, state Recording/
Filing date and data.
(1) Dustin R. Snively Owner/
(a) 321 Cedar Street Presumed
LaBarge, WY 83123 Possessor
(b) PO Box 157
LaBarge, WY 83123
(2) Tiffany J. Snively ibid ibid
(a) 321 Cedar Street
LaBarge, WY 83123
(b) PO Box 157
LaBarge, WY 83123
ci
Deed Unknown
(3) Occupant(s) Unknown Unknown
321 Cedar Street
LaBarge, WY 83123