12/24/2019 Kemmerer Gazette legal notices

Public Notice

Kemmerer Operations, LLC of Kemmerer, Wyoming, Permit No. 379-T9, has applied for Phase 1 bond release from the Land Quality Division of the Department of Environmental Quality for the State of Wyoming.  This permit was originally approved on August 6, 1984. The current permit is 379-T9 and was approved August 8, 2016. The coal mining permit area is located in all or portions of: Township 21 North, Range 116 West, Township 21 North, Range 117 West, Township 20 North, Range 117 West, Township 19 North, Range 117 West, and Township 20 North, Range117 West, 6th P.M. Lincoln County, Wyoming.  The Kemmerer Mine is located approximately six miles to the southwest of the town of Kemmerer.  This area can be found on the Kemmerer III and IV, Elkol, and Warfield Creek USGS quadrangle maps.  The Skull Point area parcel to be released from bond is located in Sections 27 and 28 of Township 20 North, Range 117 West (±13 Acres). This request is for  Phase 1 bond release under Category Four. The I-Area parcel to be released from bond is located in Section 31 of Township 21 North, Range 116 West and Section 3 of Township 20 North, Range 117 West (±59 Acres). This request is for Phase 1 bond release under Category Five. The total amount represented by this bond release request is $312,246.

Information regarding the mining operation, reclamation procedures and area proposed for release may be viewed in the Office of the Land Quality Division of the Department of Environmental Quality in Cheyenne and Lander, Wyoming, and the mine office of Kemmerer Operations, LLC in Kemmerer, Wyoming.  Written objections to the proposed bond release request must be received by the Administrator of the Land Quality Division, Department of Environmental Quality, 200 W. 17th Street, Suite 10, Cheyenne, WY 82002, before the close of 30 days from last publication datebusiness on the 3rd of February, 2020 .  If written objections are filed, and a public hearing is requested, the Director may hold an informal conference, hear the complaint and take action on the application in accordance with the Department’s Rules of Practice and Procedure.  An informal conference shall be held if the Director determines that the nature of the complaint or the position of the complainants indicates that an attempt to informally resolve the disputes is preferable to a contested case proceeding.  An informal conference shall be held 20 days after the final date for filing objections unless a different date is stipulated to by the parties.  The complainants shall have a right of appeal to the Environmental Quality Council where the complaint will be heard for a second time.  If an informal conference is not held or does not satisfy the complainants, a public hearing shall be held within 60 days after the final date for filing objections unless a different period is stipulated to by the parties.  The Council or Director shall inform the operator and all interested parties of the public hearing.  The Council or Director shall publish notice of the time, date and location of the hearing or conference in a newspaper of general circulation in the locality of the proposed operation once a week for two (2) consecutive weeks immediately prior to the hearing or conference.  The hearing would be conducted as a contested case in accordance with the Wyoming Administrative Procedure Act (W.S. §16-3-101 through §16-3-115), and the right of judicial review would be afforded as provided in that act.

PUBLISHED: DEC. 12, 19, 24, JAN. 2, 2020     12124

NOTICE OF POSTPONEMENT OF FORECLOSURE SALE

WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note (the “Note”) November 18, 2015, executed and delivered by Michael J. Smuin, a married man and Jennifer Smuin, his wife (“Mortgagor(s)”) to Mortgage Electronic Registration Systems, Inc., (“MERS”) acting solely as nominee for Quicken Loans Inc., its successors and assigns, and a real estate mortgage (the “Mortgage”) of the same date securing the Note, which Mortgage was executed and delivered by Mortgagor(s), to Mortgagee, and which Mortgage was recorded in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, on December 3, 2015, at Reception No. 984540 in Book 864 at Page 537; and

WHEREAS, the Mortgage has been duly assigned for value by

Mortgagee as follows:

Assignee:  Quicken Loans Inc.

Assignment dated:  July 27, 2016

Assignment recorded:  August 15, 2016

Assignment recording information: at Reception No. 988099 in Book 879 at Page 667

All in the records of the County Clerk and ex-officio Register of Deeds in and for   Lincoln County, Wyoming; and

WHEREAS, written notice of intent to foreclosure the Mortgage by advertisement and sale, pursuant to the terms of the Mortgage, has been served upon the record owner and party in possession of the mortgaged premises at least ten (10) days prior to first publication of the notice of sale; 

The property covered by said Mortgage is described as follows:

Approximately the Northerly 98 Feet of Lot 6, of Block 40 First Addition to the Town of Kemmerer, and the Westerly 15 feet of Lot 5, Block 40 First Addition to the Town of Kemmerer, From the North Boundary Line to a Point 98 feet South of the North Boundary Line, Parallel to the Westerly Boundary Line of Said Lot 5;

with an address of 718 Ash Ave., Kemmerer, Wyoming 83101.

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;

NOTICE IS HEREBY GIVEN, pursuant to Wyoming Statutes Section 34-4-109 that the foreclosure sale of the above Mortgage, scheduled for 10:00 in the forenoon on November 19, 2019 at the front door of the Lincoln County Courthouse located at, 925 Sage Avenue, Kemmerer, Wyoming, Lincoln County, has been postponed to 10:00 in the forenoon on January 7, 2020 at the front door of the Lincoln County Courthouse located 925 Sage Avenue, Kemmerer, Wyoming, Lincoln County, State of Wyoming.

Dated this 19th day of November, 2019 

Quicken Loans Inc.

By: Tamara Schroeder Crolla, #6-3976

Weinstein & Riley, P.S.

123 West 1st Street, Suite 433

 Casper, Wyoming 82601-2482

307-462-2690

PUBLISHED: Dec. 5, 12, 19, 24, 2019  12050

FORECLOSURE SALE NOTICE

WHEREAS, default in the payment of principal and interest has occurred under the terms of a Promissory Note (the “Note”) dated March 7, 2009, executed and delivered by Theresa Shemp and Del W. Long (“Mortgagors”) to GMAC Mortgage, 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 nominee for GMAC Mortgage, LLC, its successors and assigns as Mortgagee, and which Mortgage was recorded on April 1, 2009, at Reception No. 946266, in Book 719, at Page 353, modified pursuant to a Modification recorded on May 3, 2016, at Reception No. 986541, in Book 872, at Page 835 in the public records in the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming; and

WHEREAS, the Mortgage was assigned for value as follows:

Assignee: Ocwen Loan Servicing, LLC

Assignment dated: February 17, 2016

Assignment recorded: March 9, 2016

Assignment recording information: at Reception No. 985769, in Book 869, at Page 668

All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln 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 January 1, 2020 being the total sum of $175,716.50, 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 PHH Mortgage Corporation successor by merger to Ocwen Loan Servicing, 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 Lincoln County, Wyoming to the highest bidder for cash at 10:00 o’clock in the forenoon on January 14, 2020 at the Lincoln County Courthouse located at 925 Sage Ave, Kemmerer, WY 83101, for application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:

Lot 16 of Cottonwood Subdivision Amended, Lincoln County, Wyoming as described on the official plat filed on April 4, 1978 as Instrument No. 506316 of the records of the Lincoln County Clerk. 

With an address of 226 Cottonwood Drive, Smoot, WY 83126 (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: December 9, 2019       PHH Mortgage Corporation successor    by merger to Ocwen Loan Servicing, LLC

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 # 48630

PUBLISHED: Dec. 19, 24, 2019, Jan. 2, 9, 2020           12191

FORECLOSURE SALE NOTICE

(For Publication)

WHEREAS NOTICE IS HEREBY GIVEN that a default in the payment under the terms of a secured and perfected Note has occurred.  The Note is secured by a Mortgage dated October 10, 2008 and recorded on October 14, 2008 at REC # 942866 Book 707, Page 20 in the records of Lincoln County, Wyoming from Charise L McOmber and Lemont Merritt and Lee Merritt and Larry McOmber, to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB for the amount of $177,493.00.  The Mortgage having been assigned to and now in possession of Lakeview Loan Servicing, LLC , through assignments recorded on October 22, 2012 at REC# 967507 Book 796, Page 663 and November 12, 2013 at REC# 974117 Book 824, Page 37 in the records of Lincoln County, Wyoming.

WHEREAS the Mortgage contains a power of sale, which by reason of the default that has occurred, the Mortgagee has declared to become operative, and no suit or proceeding has been instituted to recover the debt secured by the Mortgage, or any part thereof, nor has any suit or proceeding instituted and the same discontinued and:

WHEREAS written Notice of Intent to Foreclose by Sale and Advertisement has been served upon the record owner and party in possession of the mortgaged premises at least ten (10) days prior to commencement of the publication, and the amount due upon the Mortgage at the date of first publication of this notice of sale being the total sum of $168,498.35 which consists of the unpaid principal balance of $150,648.42, plus outstanding charges, attorney fees, costs expected, accruing interest and late charges after the date of first publication of this notice.

WHEREAS this 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.

NOW, THEREFORE Lakeview Loan Servicing, LLC as Mortgagee, will have the Mortgage foreclosed as by law provided by having the mortgaged property sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash on January 21, 2020 at 10:00 AM at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, Wyoming 83101.  For application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to wit:

LOT ONE (1) OF BLOCK TWO (2) OF THE FAIRVIEW TOWNSITE, LINCOLN COUNTY, WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED MARCH 9, 1989, AS DOCUMENT NUMBER 699617 AND MAP NUMBER 293, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING, THE METES AND BOUNDS DESCRIPTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PORTION OF THE NE¼NW¼ OF SECTION 10, T31N R199W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT SOUTH 89°33’44” WEST, 227 FEET OF A BRASS CAP MONUMENT FOUND MARKING THE INTERSECTION OF THE PROPOSED CENTERLINE OF FAIRVIEW-NORTH COUNTY ROAD NO. 12-142 WITH THE CENTERLINE OF THE FIRST WEST STREET, BEING 660.83 FEET SOUTH 89°33’44” WEST, FROM THE NORTHEAST CORNER OF SAID NE¼NW¼;

THENCE SOUTH 0°01’22” WEST, 140.56 FEET

THENCE SOUTH 7°11’05” WEST, 107.84 FEET

THENCE SOUTH 89°12’37” WEST 89.822 FEET

THENCE NORTH 0°01’08” WEST 248 FEET TO THE SAID CENTERLINE OF FAIRVIEW NORTH ROAD; THENCE NORTH 89°33’44” EAST ALONG SAID CENTERLINE, 103.415 FEET TO THE POINT OF BEGINNING.

ALSO;

LOT EIGHT (8) OF BLOCK TWO (2) OF THE FAIRVIEW TOWNSITE, LINCOLN COUNTY, WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED MARCH 9, 1989, AS DOCUMENT NUMBER 699167 AND MAP NUMBER 293, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING, THE METES AND BOUNDS DESCRIPTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PORTION OF THE NE¼NW¼ OF SECTION 10, T31N R199W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A BRASS MONUMENT FOUND MARKING THE INTERSECTION OF THE PROPOSED CENTERLINE OF FAIRVIEW-NORTH COUNTY ROAD NO. 12-142 WITH THE CENTERLINE OF THE FIRST WEST STREET, BEING 660.83 FEET SOUTH 89°33’44” WEST, FROM THE NORTHEAST CORNER OF SAID NE¼NW¼;

THENCE SOUTH 0°01’22”EAST, ALONG THE LAST SAID CENTERLINE 140.56 FEET;

THENCE SOUTH 89°33’44” WEST, PARALLEL WITH THE FIRST SAID CENTERLINE, 227.00 FEET; THENCE NORTH 0°01’22” WEST, PARALLEL WITH THE CENTERLINE OF SAID FIRST WEST STREET, 140.56 FEET TO SAID CENTERLINE OF FAIRVIEW-NORTH ROAD;

THENCE NORTH 89°33’44” EAST ALONG SAID CENTERLINE, 227.00 FEET TO THE POINT OF BEGINNING.

With an address of 229 First West Ave, Fairview, Wyoming 83119.  Together with all improvements thereon situated and all fixtures and appurtenances, thereto.

Lakeview Loan Servicing, LLC

Scott D. Toebben, Wyoming State Bar No. 7-5690

Randall S. Miller & Associates, P.C. - CO

216 16th Street, Suite 1210

Denver, CO 80202

Phone: 720-259-6710

wyoming@rsmalaw.com

PUBLISHED: Dec. 24, 2019, Jan. 2, 9,16, 2020            12242

NOTICE TO APPROPRIATORS OF WATER

Public notice is hereby given that the following listed water users have submitted proofs of appropriation and/or construction under the following permits as approved by the State Engineer.  The below-listed proofs of appropriation or construction will be held open for public inspection from January 6 through January 10, 2020, during the hours of 9:00 a.m. until 5:00 p.m., at the following location(s): State Water Office, 115 Park Street, Cokeville, Wyoming; and State Engineers Office, Herschler Building 2W, 122 West 25^th Street, Cheyenne, Wyoming.  Any person claiming a water right interest in the same sources of supply to which the below-advertised proofs refer may inform the Water Division Superintendent of his/her desire to contest the rights of the person or persons seeking adjudication.  The statement of contest shall be presented within fifteen days after the closing of the public inspection and shall state with reasonable certainty the grounds of the contest.  The statement must be verified by the sworn affidavit of the contestant, his/her agent or attorney.  If no contest is initiated as allowed by Section 41-4-312, Wyoming Statutes, 1977, the advertised proofs will be submitted to the State Board of Control for consideration during its meeting beginning on February 3, 2020, with the Division Superintendent's recommendation that certificates of appropriation or construction be issued.

KEVIN PAYNE, SUPERINTENDENT

WATER DIVISION IV

115 PARK STREET

P.O. BOX 277

COKEVILLE, WY 83114

(307) 279-3441