Original Mortgagor: Don Seals Enterprises, Inc.
Original Mortgagee: Matrix Capital Bank
Current Mortgagee: First Citizens Bank & Trust Company
Date of Mortgage: November 8, 2002
Recording Date of Mortgage: November 8, 2002
County of Recording: Johnson
Mortgage Recording information: Book 88A-122 of Mortgages at Page 24
Amount due at the date of this Notice: $344,804.00, exclusive of interest, costs and attorneys’ fees
WHEREAS default has occurred on that certain mortgage containing the power of sale given and executed by Mortgagor to Mortgagee to secure repayment and performance of a Promissory Note dated November 8, 2002 in the original principal amount of $996,000.00 (the “Note”), which Mortgage was dated November 8, 2002 and recorded November 8, 2002 in Book 88A-122 of Mortgages at Page 24 in the Office of the Clerk of Johnson County, Wyoming.
The mortgaged premises are described as:
Block 2 of the Lusher Addition to the City of Buffalo, Johnson County, Wyoming according to the Plat recorded October 20, 1981 in Book 2, Page 55
Lot 1 in Block 2 of the Travel Plaza Addition to the City of Buffalo, Johnson County, Wyoming according to the Plat recorded December 19, 2001 in Book 2, Page 200
More commonly known as: 207 South Bypass Road, Buffalo Wyoming 82834.
Together with and including all buildings, all fixtures including but not limited to all plumbing, heating, lighting, ventilating, refrigerating, incinerating, air conditioning apparatus, and elevators (the mortgagor hereby declaring that it is intended that the items herein enumberated shall be deemed to have been permanently installed as part of the realty), and all improvements now or hereafter existing thereon; the hereditaments and appurtenances and all other rights thereunto belonging, or in anywise appertaining; all water and water rights, ditch and ditch rights, reservoirs, water easements, wells and well permits, and groundwater rights, including but not limited to tributary, not nontributary groundwater, associated with the real property, all share of stock or shares of water in any reservoir, ditch or irrigation association or company; all mineral and mineral rights, all oil, condensate and other liquid hydrocarbons and all gas, geothermal, and any and all other minerals and mineral rights and similar interests in and under and that may be produced from the real property; the reversion and reversions, remainder and remainders, all rights of redemption, and the rents, issues, and profits of the above described property (provided, however, that the mortgagor shall be entitled to the possession of said property and to collect and retain the rents, issues, and profits until default hereunder); and the Retail Liquor License, number 370, issued by the City of Buffalo, County of Johnson, Wyoming, dated November 20, 2001 and any replacement licenses. To have and to hold the same unto the mortgagee and the successors in interest of the mortgagee forever in fee simple or such other estate, if any, as is stated herein.
(the “Mortgaged Premises”).
WHEREAS default has occurred by reason of the failure of the Mortgagor to pay the principal, interest and other charges due thereon under the terms of the Mortgage and Note; acceleration of the debt secured by the Mortgage has been declared, and the entire remaining balance of the debt is now due and payable. No suit or proceeding at law has been filed to collect the debt secured by the Mortgage or any part thereof, or if instituted, has been discontinued.
WHEREAS written notice of Mortgagor’s intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and person in possession of the Mortgaged Premises by certified mail with return receipt to their last known addresses at least ten (10) days before commencement of publication as evidenced by the affidavit of Mortgagor’s counsel.
NOW THEREFORE, NOTICE IS HEREBY GIVEN that the Mortgage will be foreclosed and the above-described Mortgaged Premises encumbered by the Mortgage will be offered for sale and sold by the Sheriff of Johnson County to the highest and best bidder for cash at the hour of 10:00 a.m. on November 30, 2021, at public auction. The foreclosure sale will be held at the front steps of the Johnson County Courthouse, 76 North Main Street, Buffalo, Wyoming 82834.
The parcels of the Mortgage Premises will first be offered for sale separately, with separate bids invited for the parcels described above. The Mortgage Premises will then be offered for sale as a single package. The highest of either the sum of the two separate bids or the bid for the single package will be the successful bidder.
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.
Dated: October 8, 2021
MARKUS WILLIAMS YOUNG & HUNSICKER, LLC
By: Peter Q. Murphy
1775 Sherman St., Suite 1950
Denver, Colorado 80203
Telephone: (303) 830-0800
Fax: (303) 830-0809
Attorneys for First Citizens Bank & Trust Company