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HomeMy WebLinkAbout886755886755 RECEIVED LINCOLN OOUNI'y CLERK BOOK .... .~_PR PAGE This space is for recording data FORECLOSURE NOTICES OF: (1) DEFAULTS; (2) RIGHT TO CURE; (3) ELECTION TO SELL; AND (4) SALE YOU ARE NOTIFIED THAT: Ail words and phrases herein which have the first letters thereof capitalized are defined on the attached Identifying Data of Morbgage or Deed of Trust, consisting of one page. (1) NOTICE OF DEFAULTS. Certain Defaults Causing Foreclosure have occurred on the Deed of Trust or Mortgage Being Foreclosed. (2) NOTICE OF RIGHT TO CURE. You have a right to stop all actions to collect his debt. To do so you must pay money (including but not limited to delinquent payments, costs, attorneys fees and trustee's fees) and/or perform certain acts. If you wish to know exactly what money mUst be paid and/or what actions need to be performed, please call the undersigned's office at the phone number stated. Your cure or reinstatment rights and your redemption rights are attached to the copies hereof that are mailed, served, and posted. (3) NOTICE OF ELECTION TO SELL. Because of those Defaults Causing ForeclosUre, the undersigned has elected and intends to sell or cause to be sold the Real Estate. The effect of such a sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as otherwise provided by law. This election will be nullified if the above right to cure is properly exerciSed. (4) SALE. Because of the Defaults Causing Foreclosure, to partially or fully pay the debt secured by the Deed of Trust or Mortgage Being Foreclosed, and pursuant to the power of sale therein, the Real Estate will be sold at public auction without warranties or guarantees at the following date, time and place: Date of Sale: April 10, 2003 Time of Sale: 10:00 A.M. Place of Sale: At the Front Steps of the Lincoln County Courthouse, 925 Sage Avenue, Kemmerer, WY 83101 (5) GOVERNMENTAL CLAIMS. To the copies of these Notices which are mailed, served or posted, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate. Attorney for Present Mortgagee(s) and/or Substitute Trustee Wyoming Attorney Registration No. 5-2952 6035 Erin Park Drive, Ste. 203 Colorado Springs, CO 80918 1-800-842-8417 State of Colorado ) County of E1 Paso ) On January 6, 2003, before me, personally appeared Philip M. Kleinsmith, as said attorney and/or Substitute Trustee, personally known to me and/or proven to be said person whose name is subscribed to this Foreclosure Notices of: (1) Defaults; (2) Right to Cure; (3) Election to Sell; and (4) Sale consisting of four or more pages in total: two pages of Notices of: (1) Defaults; (2) Right to Cure; (3) Election to Sell; and (4) Sale, one page of Identifying Data of Mortgage or Deed of Trust and one or more pages of Cure or Reinstatement Rights and Redemption Rights. That person acknowledged to me that said person executed the same in said person's authorized capacity and that by said person's signature on said instrument, the person or the entity on behalf of which the person acted, executed said instrument. Witness my hand and official seal. My Commission E~s: August 29, 200~%. / · ~ Name and Address of ~I JENNIFER E GEI,HEKER [~ Notary: Jennifer E. Geisheker 6035 Erin Park Drive Colorado Springs, CO 80918 Wyominq Cure or Re-instatement Riqht Wyoming does not have such a statute Wyoming Redemption Riqht (1) Except as provided with respect to agricultural real estate, it is lawful for any person, his heirs, executors, administrators, assigns or guarantors whose real property has been sold by virtue of an execution, decree of foreclosure, or foreclosure by advertisement and sale within three (3) months from the date of sale, to redeem the real estate by paying to the purchaser, his heirs, executors, administrators or assigns, or to the sheriff or other officer who sold the property, for the benefit of the purchaser, the amount of the purchase price or the. amount given or bid if purchased by the execution creditor or by the mortgagee under a mortgage, together with interest at the rate of ten percent (10%) per annum from the date of sale plus the amount of any assessments or taxes and the amount due on any prior lien which the purchaser paid after the purchase, with interest. On payment of this amount the sale and certificate granted are void. (2) In the case Of any mortgage upon one (1) or more parcels of real estate any or all of which were agricultural real estate on the date of execution of the mortgage as stated in the mortgage, the period within which the owner, his heirs, executors, administrators, assigns or guarantors may redeem the premises sold is twelve (12) months from the date of the sale. (3) The term "agricultural real estate" means any parcel of land in excess of twenty (20) acres lying outside the exterior boundaries of any incorporated city, town or recorded subdivision. If the mortgage recites that the real estate involved is agricultural real estate,3 it is presumed the parties to the mortgage, their heirs, executors, administrators, assigns, guarantors or successors in interest have agreed to and are bound by all the provisions'of law relative to the right of redemption. (4) If no redemption is made within the redemption period provided in paragraph (1) above, any judgment creditor of the person whose real estate has been sold, or any grantee or mortgagee of the real estate or person holding a lien on the real estate sold is entitled to redeem the same on or before the thirtieth day after the expiration of the applicable redemption period provided in paragraphs (1) and (2) above, by complying with paragraphs (5) and (6) below. (5) The redemptioner shall pay to the purchaser or to the officer conducting the sale, the amount bid with interest at ten percent (10%) per annum from the date of sale, and the amount of any assessments or taxes and the amount due on any prior lien which the purchaser may have paid after the purchase, with interest. If the purchaser also has a lien prior to that of the redemptioner, the redemptioner shall also pay the amount of the lien with interest. (6) The redemptioner must produce for the purchaser from whom redemption is sought or for the officer who conducted the sale: (i) A copy of the judgment under which the right of redemption is claimed, duly certified by the clerk of the court in which the judgment was entered, or if redemption is sought under a mortgage or other lien a copy of the mortgage or other lien certified by the clerk of the county; (ii) A copy of ' any assignment necessary to establish the claim; (iii) An affidavit by himself or his agent showing the amount actually unpaid and due on the lien. (7) If the property is redeemed, another redemptioner may within thirty (30) days from the last redemption again redeem from the last redemptioner by paying the amount of the last redemption together with interest at ten percent (10%) per annum from the date thereof, and the amount of any assessment or taxes which the last redemptioner may have paid and the amount of any lien held by the last redemptioner prior to his own, with interest. The property may again, and as often as any redemptioner desires be redeemed from any previous redemption within thirty (30) days from the last redemption. If no redemption is made within thirty (30) days after the applicable redemption period provided in paragraphs (1) or (2) above, the purchaser or his assignee is entitled to a sheriff's deed to the property, or if so redeemed, whenever thirty (30) days has elapsed and no other redemption has been made, the last redemptioner or his assignee is entitled to a sheriff's deed. (8) Any person entitled may redeem the whole or any part or portion of lands previously sold upon execution or by foreclosure, but such redemption must be made in the distinct quantities or parcels in which they were sold. W.S. 1-18-103, 104 & 105. THE'NON-EXISTANCE OR EXPIRATION OF ONE OR BOTH OF THESE RIGHTS, DOES NOT MEAN THAT THE MORTGAGEE CANNOT VOLUNTARILY GRANT THEM. Identifyinq Data of Mortqaqe or Deed of Trust* Defaults Causinq Foreclosure: Non-payment of periodic payments since:09/01/2002 Estimated Total Amount Owed On Deed of Trust or Mortqaqe* Beinq Foreclosed on the Estimated Date of Foreclosure Sale Principal: .... $42,012.09 Estimated Interest:$ 1,726.09 Estimated Costs: $ 1,800.00 Estimated Total: $45,538.18 Real Estate** to be Sold~ ,Common Description: ......... :427 West Fifth'Street La Barge, WY 83123 Assessor's Tax Parcel No ....... :12-2612-06-4-35-172.00 Leqal Description .......... : LOTS 17 AND 18 OF BLOCK 26 OF THE FIRST ADDITION TO THE TOWN OF LABARGE, FORMERLY TULSA, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF Identifyinq Data of Deed of Trust or Mortgage* Beinq Foreclosed Per Real Estate Records of County Stated in Legal Description: Dated:05/01/2000 ~' ReCorded:05/22/2000 Recordinq Data:Book 446PR, Page 103 Original Principal Balance:S42,400.00 Oriqinal Trustee:Not Applicable Oriqinal Mortgaqee(s)***Name(s) :First Franklin Financial Corporation Address(es) :2150 North First Street San Jose, CA 95131 Present Mortqaqee(s)***Name(s) :National City Home Loan Services, Inc. Address(es) :P.O. Box 1838 Pittsburgh, PA 15230-1838 Oriqinal Mortqaqor(s)****Name(s) :Gary L. Shepard and Debbra R. Shepard Address(es) :427 West Fifth Street La Barge, WY 83123 Present Ownerls) Name(s) :Gary L. Shepard and Debbra R. Shepard Address(~s) :427 West Fifth Street La Barge, WY 83123 * Sometimes named "Trust Indenture" ** Sometimes named "Mortgaged Property" or "Trust Property' or "Property" *** Sometimes named "Beneficiary" **** Sometimes named "Grantor" or Trustor"