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File #01-7881 Client #2362671
OCWEN FEDERAL BANK, FSB, f/k/a
BERKELEY FEDERAL BANK & TRUST FSB,
Plaintiff,
VS.
0XC5C/c~[.(~i LINCOL N COUNt,
IN T~I~mCT coURT OF,THE . fi
LINCOLN
COUNTY,
VAL DEE ERICKSON and PEGGY IRENE
BROWN ERICKSON,
Defendants.
RECEIVE
Civil No. 10819
STIPULATION TO VACATE THE AUGUST 26, 1988
SALE AND CERTiF2CATE OF SALE
COMES NOW Plaintiff, Ocwen Federal'Bank, FSB, f/k/a Berkeley Federal Bank &
~"Ocwe "~
Trust FSB, t n ), by and through its attorney, Lynn M. Janeway, and the Defendants,. Val
Dee Erickson and Peggy Irene Brown Erickson ("Defendants"), hereby stipulate and agree as
followS:
1. On or about October 2, 1986, for good and valuable consideration, Defendants signed a
Note ("Note") evidencing a debt in the principal amount of $77,600.00.
2. On or about October 2, 1986 as part of the same transaction described in paragraph 1 and
in order to secure payment of the debt, Defendants executed a Mortgage ("Mortgage").
3. The .property referred to in this stipulation and the above referenced Note and Mortgage
is as follows:
Beginning at the Northeast Comer of Section 14, T3 IN, R119W, 6th P.M., Lincoln
County, Wyonfing; THENCE N90°00'W (basis of bearing) along the North line of
said Section 14 a distance of 1455.67 feet to the point ofbegilming; THENCE
S00°00'E, a distance of 1320 feet; THENCE S90°00'E, a distance of 330 feet;
THENCE N00°05'17"W, a distance of 1032.69 feet; THENCE N38°53'25"E a
distance of 326.03 feet; THENCE N00°00'E a distance of 33.5 feet, THENCE
N00°00'W, a distance of 633.1 feet to the point of beginning. EXCEPTING the
County Road therefrom.
?urported Common Address: 1136 Dry Creek Road, Alton, Wyoming ("the Property"),
4. The N°te and Mortgage went into default due to failure to make payments and Fleet
Mortgage Corp. began foreclosure.
5. On or about August 26, 1988 the Property was sold at foreclosure sale by the Sheriffof
Lincoh~ County, Wyonfing.
6. ' Forbearance under the "HUD Assignment Program" was requested. HUD approved the
HUD Assignment, and the parties intended to vacate the foreclosure Sale that had occurred on
August 26, 1988. Defendants benefited from this agreement in that they were able to retain
ownership of the Property, and have a chance to rehabilitate their loan.
7. The Parties agree that the Sale and Certificate of Sale were inadvertently not vacated or
declared null and void. '
WHEREFORE, The Parties requests that this Honorable Court enter this stipulation as an
ORDER of the Court as follows:
otLDER, vacating and c2eCiaring :~::2: ap.d v.)"_~?~ the Sale and the Certificate of Sale
recorded On August 26, 1988 in P:oolL 24-3 PR, r.: 7'age 528, at No. 663206, in the Lincoln County
Yublic Records.
¢. FURTHER ORDER, that this action shal: not in any manner whatsoever alter, amend,
modi~ or change any terms or conditions Of the above referenced Note, Mortgage, or HUD
Assignment, nor shall any of the rights of:he ?~'.rties thereunder be specifically prejudiced by
reason of this action; all rights of the Parties shall be and shall remain in full force and effect, and
the priority of the Mortgage is nnaffected by the AUgust 26, 1988 Sale.
Dated this ]~ day of September, 2001.
OCWEN FEDERAL BANK, FSB
f/k/a BERKELEY FEDER~: TRUST FSB
9200 ast vl n_ue, SuityA /'
Englewood, Colorado 80112
(303) 799-0083
(303) 799-3950 Fax
In association with:
Gary R. Scott
Of Hirst & Applega~e, P.C.
:720 Carey Avenue, Suite 200
Cheyem~e, Wyoming 82003-1083
(307) 632-054!
(307) 632-4999 Fax
Val Dee Erickson,"'Defendant ~
Dated this oQ~/~day of~~d~,2001.
egl~gt~'ff, fie Brown Erickson, Defendant
Dated this ,,7~ day of ~-j~,.4,~,4, 2001.
h~':.reby ce~ify [he fo~g0inq to be
and om