WHEREAS, default in the payment of principal and interest has occurred under the terms of a Promissory Note (the “Note”) dated March 23, 2006, executed and delivered by Christi L. Shields and Robert S. Shields (“Mortgagors”) to H&R Block Mortgage Corporation, a Massachusetts Corporation , and a real estate Mortgage (the “Mortgage”) of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagors, to said Mortgagee, and which Mortgage was recorded on April 6, 2006, at Reception No. 871132, in Book 713, at Page 127 in the public records in 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:
Assignee: Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-OPT4, Asset-Backed Certificates, Series 2006-OPT4
Assignment dated: June 9, 2017
Assignment recorded: June 19, 2017
Assignment recording information: at Reception No. 953973, in Book 915, at Page 151
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 as of August 21, 2019 being the total sum of $158,897.02, plus interest, costs expended, late charges, and attorneys’ fees accruing thereafter through the date 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;
WHEREAS, if the foreclosure sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of his/her/its money paid. The Purchaser shall have no further recourse against the Mortgagee, Mortgagor, Servicer or their attorneys;
NOW, THEREFORE Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-OPT4, Asset-Backed Certificates, Series 2006-OPT4, 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 September 20, 2019 in the lobby of the Goshen County Courthouse located at 2125 East A Street, Torrington, WY 82240, for application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:
A parcel of land located in S1/2SE1/4 of Section 10, Township 23 North, Range 61 West of the Sixth Principal Meridian, Goshen County, Wyoming, and being more particularly described as follows: Beginning at the Southeast (SE) Corner of Section 10 (which SE corner is monumented with a 3” diameter brass cap, marked P.L.S. #3891, atop a 3/4” square tube x 30” long, flush with asphalt road surface); Thence N00°15’21”E along the East boundary of the SE one-quarter (1/4) of said Section 10, a distance of 878.01 feet to a point which is the SE1/4 corner of the “SHIELDS SUBDIVISION” as recorded in Plat Cabinet II, Slot 118, located in the office of the Goshen County Clerk; Thence N89°44’39”W perpendicular to the East boundary of the SE1/4 of said Section 10 and along the Southerly boundary of said “SHIELDS SUBDIVISION”, a distance of 50.00 feet to the SE corner of Lot 1 of said “SHIELDS SUBDIVISION” and on the Westerly Right-of-Way Boundary of Wyoming Secondary Highway No. 92, which is monumented with a 1-1/2” aluminum cap marked PLS #3891 set atop a 5/8” diameter x 24” long rebar; Thence continuing N89°44’39”W along the Southerly Boundary of said Lot 1, a distance of 422.12 feet to a point on the apparent Southerly Right-of-Way boundary of the Springer Main Lateral which is monumented with a 1-1/2” aluminum cap marked PLS #3891 -WC (for witness corner) set atop a 5/8” diameter x 24” long rebar; Thence continuing N89°44’39”W along the Southerly boundary of said Lot 1, a distance of 422.12 feet to a point on the apparent Southerly Right-of-Way boundary of the Springer Main Lateral which is monumented with a 1 ½” aluminum cap marked PLS #3891-WC (for Witness Corner) set atop a 5/8” diameter x 24” long rebar; Thence continuing N89°44’39”W along the Southerly boundary of said Lot 1, a distance of 169.37 feet to the Southwest corner of said Lot 1; Thence N00°15’21”E along a line parallel with the East boundary of the SE1/4 of said Section 10 and the Westerly boundary of said Lot 1, a distance of 5.61 feet to a point on the center-line of the Springer Main Lateral; Thence Westerly along said center-line of the Springer Main Lateral, as near as can reasonably be determined, through the following courses; Thence N87°02’58” W, a distance of 449.97 feet to a point; Thence N84°27’24”W, a distance of 155.17 feet to a point of curvature of a circular curve to the left; Thence Southwesterly along said curve, having a radius of 359.93 feet. through a central angle of 36°36’46”, a distance of 230.00 feet to the point of tangency of said curve (said curve has a chord length of 226.11 feet which bears S77°14’14”W); Thence S58°55’51”W, a distance of 242.13 feet to a point; Thence S61°53’48”W, a distance of 156.85 feet to a point of curvature of a circular curve to the left; Thence Southwesterly along said curve, having a radius of 265.41 feet, through a central angle of 24°49’31”, a distance of 115.00 feet to the point of tangency of said curve (said curve has a chord length of 114.10 feet which bears S49°29’03”W); Thence S37°04’17”W, a distance of 81.90 feet to a point; Thence S34°30’00”W, a distance of 237.82 feet to the point of curvature of a circular curve to the right; Thence Southwesterly along said curve, having a radius of 373.09 feet, through a central angle of 21°30’00”, a distance of 140.00 feet to the point of tangency of said curve (said curve has a chord length of 139.18 feet which bears S45°15’00”W); Thence S56°00’00”W, a distance of 128.89 feet to a point; Thence S58°40’00”W, a distance of 286.56 feet to a point on the South boundary of the SE1/4 of said Section 10; Thence leaving the center-line of the Springer Main Lateral, S89°31’03”E along the South boundary of the SE1/4 of said Section 10, a distance of 2529.00 feet to the point of beginning.
With an address of 4974 County Road 58, Torrington, WY 82240-7712 (the undersigned disclaims liability for any error in the address).
Together with all improvements thereon situate and all fixtures and appurtenances thereto.
Mortgagee shall have the exclusive right to rescind the foreclosure sale during the redemption period. In the event that the sale is rescinded or vacated for any reason, the successful purchaser shall only be entitled to a refund of their purchase price and/or statutory interest rate.
Dated: August 13, 2019 Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-OPT4, Asset-Backed Certificates, Series 2006-OPT4
By: __________________________
Shelly M. Espinosa
Halliday, Watkins & Mann, P.C.
376 East 400 South, Suite 300
Salt Lake City, UT 84111
801-355-2886
HWM File # 55846
Public Notice No. 7170 published in the Torrington Telegram August 23, and 30, and September 6, and 13, 2019.