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HomeMy WebLinkAbout977620233775 STATE OF IDAHO COUNTY OF BONNEVILLE AFFIDAVIT FOR FORECLOSURE COMES NOW Frederick J. Hahn, III, 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 Ken Harris and Lisa Harris as follows: Mortgage (the "Mortgage dated July 7, 2006, executed and delivered by Ken Harris and Lisa Harris, "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 13, 2006, in Book 626PR, page 250 in the records of the office of the Clerk in and for Lincoln County, State of Wyoming 83128. Assignment ofMortgage by The Federal Deposit Insurance Corporation as Receiver for First Bank of Idaho, FSB and assigned to 2010 -1 RADC /CADC Venture, LLC, a Delaware limited liability company, the assignment was dated September 1, 2010, effective as of August 26, 2010, and recorded on November 15, 2010, in Book 757PR, page 169. 3. That the mortgage covers the following described real property, to -wit: Lot 6 of Blaze Estates Subdivision, Lincoln County, Wyoming as described on the official plat filed on June 8, 2004 as Instrument No. 899970 of the records of the Lincoln County Clerk The Real Property or its address is commonly known as Lot 6, Blaze Lane County Road 113, Etna, Wyoming 83118. The Real Property Assessors Parcel or tax identification number is 12-35-19-23-2-00 121.00. 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 Page 1 of 2 Affidavit for Foreclosure Sale I1 0 )7 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, to give notice of the scheduled sale, 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 FURTHER AFFIANT SAITH NAUGHT. DATED this jJ day"of July, 2014. Subscribed and sworn to before me this WITNESS my hand and official seal. �\11111I a I H 111 s. T hy a 040411 OF 10P'��� III, WSB #6 -4190 591Park e.S 'e302 Idaho Falls, ID 83402 208 -528 -6101 athiyA, allat Notary Publi Residing: My Commission Expires: Page 2 of 2 Affidavit for Foreclosure Sale day of July, 2014, by Frederick J. Hahn, WHEREAS, default in the payments of principal and interest has occurred under the terms of a mortgage (the "Mortgage dated July 7, 2006, executed and delivered by Ken Harris and Lisa Harris "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 13, 2006, in Book 626PR, page 250 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 Corpor .n its capacity as Receiver c9 Di June 9, 2014 Page 2 of 3 Assignee: Assignment Dated: Assignment Recorded: Location: for First Bank of Idaho, FSB, dba First Bank of the Tetons 2010 -1 RADC /CADC Venture, LLC, a Delaware limited liability company executed on September 1, 2010, effective as of August 26, 2010, November 15, 2010 Book 757PR, page 169 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 (June 26, 2014) being the total sum of $107,957.75, which consists of the unpaid principal balance of $64,122.37, plus interest accrued to the date of the first publication of this notice in the amount of $44,150.80, costs in the amount of $374.00 and attorney's fees of $2,000.00, and accruing interest at the rate of $32.06 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 July 22, 2014, at the front door of the Lincoln County Courthouse, located at Kemmerer, Lincoln County, Wyoming, for application of June 9, 2014 Page3of3 the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to wit: Lot 6 of Blaze Estates Subdivision, Lincoln County, Wyoming as described on the official plat filed on June 8, 2004 as Instrument No. 899970 of the records of the Lincoln County Clerk. The Real Property or its address is commonly known as Lot 6, Blaze Lane County Road 113, Etna, Wyoming 83118. The Real Property Assessors Parcel or tax identification number is 12- 35 -19 23 -2 -00- 121.00. Together with all improvements thereon situated and all fixtures, water rights 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. Very truly yours, 7 FR ICK J. HAHN, III Attorney for 2010 -1 RADC /CADC Venture, LLC 20 Assignot< Ras Re cei i1e, 109 °{7 WFIB S, default m the pay ments of pnncipal and= mteresthas oc cured tlnde� the of a mortgage (the Mortgage' tdated July 7; 2006 2 e ecuted d b Ken Hams {and Lisa Hams Mort a or to First Bank of Idah FSB dba First Bank of the Tetons (`Ongmal;Mort la ti e� t i• gag eer')'; yhrah� M ortg age�4was executed and delivered by,:'satd Mortgag 'fir S t i s t sa d e)r1' Mort gagee, and which'Mortgage was recor on July 1s3, 0 6 in 1Boo 62 6PR page 250 n the records of the office of the Glerlu�andor` Ltncoln "C ount i y, State of Wyonung 83128 e "wastiasstg for val as'follow p osit I nsurance Co rp ora tion m its, capacity,;; Idaho; FSB dba +First Bank of the Tetons KCAL C cVenture, LLC, a 111464-- ca. 0;b0 ortga go Fal149)„jte ex al pub a• affiouat/� tte. ra of ¢tle d MUSH). I derforeas ront;d©oi;o w 6ln Co ec ee�Ca?o ?arce1Rior ethoem fights a �appuntenapces thereto T� n oti is not meant to met "s L Y B �`u k R`+ I fib 1 RAD r�a S LV ese !fie s es KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B or arerex Watuer 2 6E' KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN I, Mark Tesoro, 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 Couhty 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 24 day of if/ L Bg. 20�, and the last publication being on the 1 day of I�„1 20 4 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) before me on this L ME; j ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to ro, Publisher I Notary re Mark Tesoro, Publisher day of A.D., 20 ill,