12/3/2019 Sublette Examiner legal notices


NOTICE OF FORECLOSURE SALE

Default has occurred on a Promissory Note dated December 6, 2006, in the original principal amount of $180,436.00, as modified by that certain Change in Terms Agreement dated December 14, 2016, that certain Change in Terms Agreement dated February 6, 2017, and that certain Change in Terms Agreement dated May 4, 2017 (collectively, the “Note”), payable by Keary R. Painter and Diana R. Painter (collectively and jointly and severally, the “Borrower”) to the order of First Interstate Bank (the “Lender”).

The Note is secured by, among other things, a Mortgage dated December 6, 2006, and recorded December 6, 2006, as Document Number 32803 in Book 142, Page 501 in the office of the County Clerk of Sublette County, Wyoming (the “Mortgage”). The Mortgage contains a power of sale.

Nonpayment exists and the entire balance of the Note is now due and payable. No lawsuit has been filed to collect the Note or any portion thereof.

Take notice that the Mortgage will be foreclosed and the mortgaged property located in Sublette County, Wyoming, will be sold by the Sheriff of Sublette County to the highest bidder for cash at public auction. The sale will be at the Sublette County Courthouse, 21 S. Tyler Ave, Pinedale, WY 82941 at 10:00 a.m. on December 13, 2019. As of October 31, 2019, the amount due and owing is $147,847.35 unpaid principal, $12,613.81 in accrued and unpaid interest, $400.00 in late fees, plus outstanding real estate taxes, attorneys’ fees, and other costs and expenses of the foreclosure. Interest accrues at $18.23 per diem.

The property encumbered by the Mortgage to be offered for sale is described as follows:

LOT FOUR (4) BLOCK FIVE (5), BALL SECOND ADDITION TO THE MARBLETON TOWN SITE AS THE SAME APPEARS OF RECORD ON TH MAP OF PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY CLERK AND EX-OFFICIO REGISTER OF DEEDS FOR SUBLETTE COUNTY, WYOMING.

The property has a common address of 304 and 306 Columbine A venue, Marbleton, Wyoming 83113. The tax identification number of the Property is 07-00-04958.

Notice of Intent to Foreclose Mortgage by Advertisement and Sale was mailed to Borrower in accordance with Wyo. Stat. §34-4-103(a)(iv) on November 5, 2019. This Notice of Foreclosure is made and published pursuant to Wyo. Stat. §34-4-104(a).

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 this 7th day of November, 2019.

Matt Kim-Miller

Holland & Hart LLP

25 S. Willow Street, Suite 200 P.O. Box 68

Jackson, WY 83001

Attorney for First Interstate Bank

Public Notice #4489 published in the Sublette Examiner on Nov. 19, 26, Dec. 3, and 10, 2019

 

FORECLOSURE SALE NOTICE

WHEREAS, default in the payment of principal and interest has occurred under the terms of a Promissory Note (the “Note”) dated October 19, 2016, executed and delivered by Leonard Russell Handy (“Mortgagor”) to Freedom Mortgage Corporation, and a real estate Mortgage (the “Mortgage”) of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor, to Mortgage Electronic Registration Systems, Inc. as nominee for Freedom Mortgage Corporation, its successors and assigns as Mortgagee, and which Mortgage was recorded on November 2, 2016, at Reception No. 385145, in Book 218 Mtg, at Page 68 in the public records in the office of the County Clerk and ex-officio Register of Deeds in and for Sublette County, State of Wyoming; and

WHEREAS, the Mortgage was assigned for value as follows:

Assignee: Freedom Mortgage Corporation

Assignment dated: October 7, 2019

Assignment recorded: October 23, 2019

Assignment recording information: at Reception No. 0400379, in Book 238 Mtg, at Page 771

All in the records of the County Clerk and ex-officio Register of Deeds in and for Sublette 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 November 18, 2019 being the total sum of $191,680.92, 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 Freedom Mortgage Corporation, 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 Sublette County, Wyoming to the highest bidder for cash at 10:00 o’clock in the forenoon on December 20, 2019 on the Courthouse steps for the Sublette County Court located at 21 South Tyler Ave., Pinedale, WY , for application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:

Lot 89, Block 3 of the Barger Subdivision, Second Filing, Sublette County, Wyoming, as set out on that Plat map recorded in the office of the County Clerk of Sublette County on February 1, 1972 in Book 28 of Misc., Page 59 . 

With an address of 14 Indian Wood Trail, Boulder, WY 82923 (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: November 8, 2019     

Freedom Mortgage Corporation

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 # 56781

Public Notice #4491 published in the Sublette Examiner on Nov. 19, 26, Dec. 3, and 10, 2019

 

JACKSON (WNE) – Mark Byerly says he’s innocent of all crimes, including those he was convicted of in 2017, and he was denied a new trial by the court, so he’s suing his trial lawyer.

In the lawsuit, Byerly accuses defense attorney Elisabeth Trefonas of malpractice for failing to obtain evidence, failing to call favorable witnesses, disparaging Byerly in opening statements, failing to object to inadmissible testimony, failing to limit witness testimony and failing to pursue motions for acquittal.

In 2017 a jury found Byerly guilty of aggravated assault, domestic battery, strangulation, intimidating a witness and two counts of violating a protection order.

The Teton County jury heard several days of witness testimony and was shown photos and text messages as evidence.

Byerly spent a year in the Teton County Jail and is awaiting a ruling from the Wyoming Supreme Court after appealing his conviction.

“Plaintiff has suffered economic damages including but not limited to the payment of restitution, court costs, court fees, expert witness fees, transcript fees, attorney fees and loss of income in an amount to be proven at trial,” Byerly’s complaint states.

Byerly is seeking more than $100,000, according to documents.

In Trefonas’ response to the complaint, she admits through her attorney Anna Olsen to not limiting the testimony of a doctor but said that didn’t “fall below the standard of care.”

Olsen asked the court to dismiss the complaint against Trefonas and Trefonas Law P.C.

 

STATE OF WYOMING

Department of Environmental Quality/Division of Air Quality

September 2017 Wildfire Exceptional Event (PM2.5 and PM10)

Documentation Packet

The Wyoming Air Quality Division (AQD) will submit a documentation packet to EPA Region 8 to support data flags and justify exclusion under the “Treatment of Data Influenced by Exceptional Events” final rule.  The natural event occurred at multiple PM2.5 and PM10 monitoring sites throughout Wyoming from September 1 through 14, 2017 due to wildfire smoke.  The AQD is soliciting comments from the interested public on this documentation packet.  The documentation packet is available for public comment and the public will be allowed a period of thirty (30) days to submit written comments. 

Notice is hereby given that the State of Wyoming, Department of Environmental Quality, Division of Air Quality, proposes to flag these data as influenced by an exceptional event (wildfire smoke).

Comments may be submitted by mail to the Division’s Ambient and Emission Monitoring Supervisor contact, Cara Keslar, Division of Air Quality, Department of Environmental Quality, 200 West 17th Street, Third Floor, Cheyenne, Wyoming 82002 or by fax to (307) 635-1784.  Comments may also be submitted electronically through the following website: (http://deq.wyoming.gov/aqd/resources/public-comments-online/).  Comments submitted by email will not be accepted.  Interested parties may examine the documentation packet and all relevant supporting materials on AQD’s website (http://deq.wyoming.gov/aqd/monitoring/resources/exceptional-events/) as well as the Division’s Cheyenne office.  Arrangements can be made with the Division to copy relevant materials if necessary (a fee will be assessed for reproductions).  In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.

Public comments must be received no later than January 2, 2020.  All comments received by the close of business on January 2, 2020 will be submitted to EPA’s Region 8 along with the documentation packet to be considered in arriving at a final determination of treatment of data influenced by exceptional events and will be retained on file in the Cheyenne office.

Public Notice #4496 published in the Sublette Examiner on Dec. 3, 2019

 

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT WITHIN AND FOR SUBLETTE COUNTY, WYOMING

In the Matter of the Estate of )

SYLVIA M. FANELLI,    )

Deceased.       )           Probate No. 2432

NOTICE OF APPLICATION

The creditors, heirs, devisees and all other persons interested in the estate of SYLVIA M. FANELLI, deceased, take notice that ROBERT F. ALDRED has filed an application in the District Court within and for Uinta County, Wyoming, alleging that SYLVIA M. FANELLI died on August 12, 2019; and that she owned and left real property in Sublette County, Wyoming, particularly described as follows:

Lot Numbered Twenty-Two (22), Sylvan Bay Summer Home Area, Fremont Lake, Sublette County, Wyoming

and praying that the Court enter a decree establishing that the right and title to the real property described hereinabove be distributed to the following:

Name, Address and Relationship of Estate:

ROBERT F. ALDRED, Son 2713 Smarty Jones Lane Rock Springs, WY 82901 Will Devisee

Age: Legal

Share: Full Interest

You are hereby notified that if no objection to the application has been filed within thirty (30) days of the first publication of this Notice, the Court will enter a Decree establishing the right and title to the foregoing property in favor of the foregoing party or parties.

Dated this 14 day of November, 2019.

ROBERT F. ALDRED, Petitioner

Public Notice #4495 published in the Sublette Examiner on Dec. 3 and 10, 2019

 

Sublette County Weed & Pest will hold their monthly board meeting on Thursday, December 5th, 2019 at 12:00 noon located in the Weed & Pest Building at 12 South Bench Road, Pinedale.

Public Notice #4494 published in the Sublette Examiner on Dec. 3, 2019

 

The Pinedale Aquatic Center JOINT-POWERS BOARD will meet Tuesday, December 10th, 2019 at 6:15 pm in the Classroom of the Pinedale Aquatic Center 535 N. Tyler Ave. Pinedale, Wyoming. 307-367-2832. www.pinedaleaquatic.com

Public Notice #4493 published in the Sublette Examiner on Dec. 3, 2019

 

 

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