Notice of Foreclosure...
FORECLOSURE SALE NOTICE
WHEREAS, default in the payment of principal and interest, failure to timely make balloon payment, as well as failure to keep property taxes current, has occurred under the terms of a Promissory Note (the “Note”), dated October 14, 2016, executed and delivered by Michael C. Cushman and Julie A. Cushman (“Mortgagors”) to Benny R. Middleton and Pauline P. Middleton, together as Trustees of the Benny R. Middleton and Pauline P. Middleton Trust dated June 17, 1998 (Mortgagee), and a Real Estate Mortgage (the “Mortgage”), dated October 14, 2016, securing the Note, which Mortgage was executed and delivered by said Mortgagors to said Mortgagee, and which Mortgage was recorded on October 17, 2016, in Book 1596, at Page 334, of the records of the office of the County Clerk and ex-officio Register of Deeds in and for Converse County, State of Wyoming; and
WHEREAS, the Mortgage contains a power of sale which, by reason of said default, the Mortgagee 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; and
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 commence of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $418,590.57, which sum consists of the unpaid principal balance of $376,484.00, plus interest accrued to the date of the first publication of this Notice, in the amount of $42,106.57 ( accruing at $46.41 per diem), plus attorneys’ fees, costs expended, and accruing interest and late charges after the date of first publication of this notice of sale;
WHEREAS, the property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title before submitting a bid;
NOW, THEREFORE, Kyle Harr, as Successor Trustee of the Mortgagee, will have the Mortgage foreclosed as provided by law, by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Converse County, Wyoming, to the highest bidder for cash at 10:00 o’clock in the forenoon on April 28th, 2021, at the front door of the Converse County Courthouse, located at 107 N. 5th St., Douglas, Converse County, Wyoming, for application on the above-described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:
A parcel of land situated in the South one-half of Section 14 of Township 33 North, Range 75 West of the 6th Principal Meridian, Converse County, Wyoming, more particularly described as follows:
That part of the east one-half of the southwest quarter of Section 14 together with that part of the west one-half of the southeast quarter of Section 14, lying south of the southerly right-of-way line of U.S. Highway I-25 and lying east of the easterly right-of-way line on Boxelder Road.
LESS AND EXCEPTING therefrom the land described in Warranty Deed recorded September 28, 2004 in Book 1244, Page 482 in the office of the Converse County Clerk.
ALSO LESS AND EXCEPTING therefrom the land described in Quitclaim Deed recorded March 1, 2013 in Book 1473, Page 285 in the office of the Converse County Clerk.
with an address of 100 Boxelder Road, Glenrock, WY 82637.
Together with all improvements thereon situate and all fixtures and appurtenances thereto.
By: Michael R. Armstrong, 7-5738
Peasley & Armstrong LLP
119 S. 3rd Street
Douglas, WY 82633
Publish: March 24, 31, April 7 & 14, 2021 4628