WHEREAS, default has occurred, the property is no longer the mortgagor’s principal residence under the terms of a promissory note (the "Note") dated March 10, 2004, executed and delivered by Otto L. Wismiller and Dianna F. Wismiller, husband and wife (“Mortgagor(s)”) to Intermountain Mortgage Co., Inc., and a real estate mortgage (the "Mortgage") of the same date securing the Note, which a Home Equity Conversion Mortgage (Reverse Mortgage) was executed and delivered by said Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on March 15, 2004, at Instrument No. 854498 in Book 670 at Page 13 in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Goshen County, State of Wyoming; and
WHEREAS, the mortgage was assigned for value as follows:
To Financial Freedom Senior Funding Corporation, a Subsidiary of Lehman Brothers Bank, FSH on March 10, 2004, recorded on March 15, 2004, at Instrument No. 854499 in Book 670, Page 14.
To Mortgage Electronic Registration Systems, Inc. (“MERS”), as nominee for Financial Freedom Acquisition LLC, its successors and assigns, on November 10, 2009, recorded on December 14, 2009 at Instrument No. 898554 in Book 781, Page 174.
To CIT Bank, N.A., its successors and assigns on November 23, 2015, recorded on January 4, 2016 at Instrument No. 944994 in Book 894, Page 6.
To Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust, its successors and assigns on October 2, 2018, recorded on November 15, 2018 at Instrument No. 963710 in Book 932, Page 62.
All in the records of the County Clerk and ex-officio Register of Deeds in and for Goshen County, Wyoming.
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 commencement 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 $94,246.16 which sum consists of the principal advances of $79,229.37 plus interest accrued to the date of the first publication of this notice in the amount of $1,745.12, plus MIP in the amount of $1,824.14, plus other outstanding charges in the amount of $11,447.53, 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. Any prospective purchaser should research the status of title before submitting a bid;
NOW, THEREFORE Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust, 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 Goshen County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on January 4, 2019 at the front door of the Goshen County Courthouse located at 2125 East A Street, Torrington, Wyoming, Goshen County, for application on the above-described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:
A PART OF TRACT 7, IN THE NORTH TORRINGTON SUBDIVISION, GOSHEN COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A POINT ON THE EAST BOUNDARY OF EAST C STREET, AND THE NORTH BOUNDARY OF 29TH AVENUE; THENCE NORTH ALONG THE EAST BOUNDARY OF EAST C STREET 75 FEET TO THE PONIT OF BEGINNING; THENCE NORTH 75 FEET ALONG THE EAST BOUNDARY OF EAST C STREET; THENCE EAST PARALLEL TO 29TH AVENUE 110 FEET; THENCE SOUTH 75 FEET; THENCE WEST PARALLEL TO 29TH AVENUE 110 FEET TO THE POINT OF BEGINNING
with an address of 2909 East C Street Torrington, Wyoming 82240.
Together with all improvements thereon situate and all fixtures and appurtenances thereto.
Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust
By: Danette Baldacci
Crowley Fleck PLLP
P.O. Box 6550
Sheridan, WY 82801
1-844-280-7990
Public Notice No. 6900 published in the Torrington Telegram December 5, and 12, and 19, and 26, 2018.
