WHEREAS, default in the payment of principal and interest has occurred under the terms of a Promissory Note (the "Note") dated September 26, 2022, executed and delivered by Leif Frederick Arps and Lora Lee Arps (“Mortgagors”) to Low VA Rates, LLC, and a real estate Mortgage (the "Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagors, to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Low VA Rates, LLC, its successors and assigns as Mortgagee, and which Mortgage was recorded on September 27, 2022, at Reception No. 989960, in Book 978, at Page 192 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: Village Capital & Investment LLC
Assignment dated: November 22, 2023
Assignment recorded: December 13, 2023
Assignment recording information: at Reception No. 996720, in Book 993, at Page 74
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 February 23, 2024 being the total sum of $175,388.64, 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 Village Capital & Investment LLC, 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 April 19, 2024 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:
Lot 2, Halstead Addition, to the Town of Torrington, Goshen County, Wyoming.
With an address of 2733 East C Street, Torrington, WY 82240 (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: February 15, 2024
Village Capital & Investment LLC
By: __________________________________________
Katelyn Krabbenhoft
Halliday, Watkins & Mann, P.C.
376 East 400 South, Suite 300
Salt Lake City, UT 84111
801-355-2886
HWM File # WY21409
Public Notice No. 8900 published in the Torrington Telegram on March 20, 27, April 3 and 10, 2024.
