NOTICE

OF

REAL

ESTATE

MORTGAGE

FORECLOSURE

BY

ADVERTISEMENT

AND

SALE

 

NOTICE IS HEREBY GIVEN that default has occurred in the terms of certain Mortgage made and given on May 24, 2017, by ALAN P. SIMONDI and VALERIE G. SIMONDI, as mortgagors, in favor of THE BANK OF BUFFALO, a branch BUFFALO FEDERAL BANK, as mortgagee, and recorded as follows:

A. Promissory Note No. 01-370295-0 and Mortgage:  On May 24, 2017, ALAN P. SIMONDI and VALERIE G. SIMONDI, as mortgagors, executed and delivered to The Bank of Buffalo, a branch of Buffalo Federal Bank, as “mortgagee”, a mortgage on certain real property described below, as security for payment of a promissory note No. 01-370295-0, dated May 24, 2017, from ALAN P. SIMONDI and VALERIE G. SIMONDI (Borrowers) to Lender in the amount of $555,000.00 with an interest rate of 6.000% percent, per year, maturing on May 15, 2022.  The mortgage was duly recorded at the office of the County Clerk and ex-officio Register of Deeds in and for Johnson County, Wyoming, on May 31, 2017, in Book 88A-264, at Pages 602-607.  The mortgage covered the following lands (the “lands”) with a street address of 100 East Hart Street, Buffalo, Wyoming, 82834:

Taco John’s Addition to the City of Buffalo, Johnson County, Wyoming, according to the Plat recorded September 19, 1990, in Book 2, Page 90.

TOGETHER WITH all improvements situate thereon and all easements and appurtenances thereunto belonging.

There has been a material breach of the promissory note above described, which the mortgage was given to secure, in that payment was not made on August 5, 2019, nor on any date after said date as required by the terms of the note.  The mortgage contains a Power of Sale by Advertisement which, by reason of the above-stated default, THE BANK OF BUFFALO, a branch BUFFALO FEDERAL BANK (“Mortgagee”) as the owner and holder of the mortgage, declares to become operative.

As of December 5, 2019, the total amount due and owing on the promissory note and the mortgage is $545,097.30, which represents the entire unpaid principal balance of $532,303.91, plus accrued but unpaid interest in the amount of $10,823.51, plus late charges in the amount of $1,969.88, and plus attorney’s fees in the amount of $1,500.00.  Interest will accrue after December 5, 2019, at the rate of $88.72 per day.

The amount due may also increase by the amount of any additional late charges and attorney’s fees and costs which accrue pursuant to the terms of the promissory note and mortgage.

Pursuant to the provisions of said Mortgage, and the Note secured thereby, the same being in default, the mortgagee has declared, and hereby declares, the entire debt secured by said Mortgage due and payable, and that no suit or proceeding has been instituted at law or otherwise to recover the debt secured by said Mortgage or any part thereof.

There is due and claimed to be due on the date of the first publication of this notice the total sum of FIVE HUNDRED FORTY-ONE THOUSAND FIVE HUNDRED FIFTY-SEVEN AND 87/100 DOLLARS ($545,097.30), as of December 5, 2019, which includes principle, interest, and late payment charges as of December 5, 2019.  The amount due may continue to increase by the amount of any additional late charges, continuing interest, together with the costs and expenses incurred in this advertisement and sale of said property, and plus attorney's fees actually rendered in said foreclosure proceedings.

Pursuant to the power of sale by advertisement contained in said Mortgage and under the provisions of the laws of the State of Wyoming, the above-described Mortgage will be foreclosed by advertisement and said property will be sold by the Sheriff of Johnson County, Wyoming, or his duly authorized deputy, at public venue, to the highest bidder, FEBRUARY 12, 2020, at 10:00 a.m., at the front door of the Johnson County Courthouse, located in Buffalo, Wyoming, to pay any debt then secured by said Mortgage and security agreement, costs, expenses and reasonable attorney's fees as allowed by law, subject to redemption as provided by law.

THE PROPERTY BEING FORECLOSED UPON MAY BE SUBJECT TO OTHER LIENS AND ENCUMBRANCES THAT WILL NOT BE EXTINGUISHED AT THE SALE AND ANY PROSPECTIVE BIDDER SHOULD RESEARCH THE STATUS OF TITLE BEFORE SUBMITTING A BID.

DATED this 13th day of January, 2020.

KIRVEN and KIRVEN, P.C.:

By: /s/ Dennis M. Kirven

DENNIS M. KIRVEN, (3-1325)

Attorney for Mortgagee

P.O. Box 640

104 Fort Street

Buffalo, Wyoming 82834

Telephone:  (307) 684-2248

Facsimile:  (307) 684-2242

Email:  dkirven@wyoming.com

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