HomeMy WebLinkAbout909608CERTIFICATE OF SALE
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN ) LC S~,~r,
Lee Gardner of lawful age, being first duly sworn upon his oath,
states and certifies as follows:
1. That he is the duly elected and acting Sheriff in and for
Lincoln County, State of Wyoming, and makes this Certificate of Sale in his
capacity as such.
2. That a default has occurred under the terms of (a) that
certain promissory note dated November 7, 2001, executed and delivered by
Rickey Ray Christensen and Tawny P. Christensen, husband and wife to Wells
Fargo Home Mortgage, Inc. and (b) that certain mortgage dated November 7,
2001 (the "Mortqaqe"), securing said note, which Mortgage was executed and
delivered by said mortgagor(s), to said mortgagee, and was recorded on
November 13, 2001, as/in Book 476 PR at Page 844, in the records of the office
of the County Clerk and ex-officio Register of Deeds in and for Lincoln County,
State of Wyoming, and which Mortgage covers that certain real property
described below, as follows, to-wit:
The W1/2E1/2 of Lot 3 of Block 18 to the Town of
Alton, Lincoln County, Wyoming as described on the
official plat thereof.
Parcel ID Number: 0304500
with an address of
67 W. Fourth Ave., Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
3. That no suit or proceeding has been instituted at law to
recover the debt secured by the Mortgage, or any part thereof.
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, Wells Fargo Bank, N.A.
successor by merger to Wells Fargo Home Mortgage, Inc. ("Mortgagee") elected
to foreclose the same and at the request and direction of Mortgagee a written
notice of the intention to foreclose the Mortgage was served upon the record
owner and the party in possession of said real property at least ten (10) days
prior to commencement of the first publication of the foreclosure sate notice, as
shown by the affidavit attached hereto as Exhibit A and by this reference made
a part hereof.
5. That Mortgagee has caused publication to be made of a
notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the May 12, 2005 issue of said
newspaper and ending with the June 2, 2005 issue thereof, and again one (1)
week with the June 16, 2005 issue thereof; that said notices did comply in all
respects with the requirements of the statutes relating to foreclosures of
mortgages by advertisement and sale; and that a copy of said notices and the
publisher's affidavit of publication thereof are attached hereto as Exhibit B and
by this reference made a part hereof.
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On June 21, 2005 at 10:00 o'clock in the
39172
RECEIVED 6/29/2005 at 3:56 PM
RECEIVING # 909608
BOOK: 589 PAGE: 7'7'6
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Christensen 21309-1715 [05-05352]
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O O fi08 ' 0077 7
forenoon, at the front door of the Lincoln County Courthouse in the City of
Kemmerer, Lincoln County, State of Wyoming, the undersigned proceeded to sell
the above-described real property at public auction in accordance with the notice
of foreclosure sale by then and there calling for bids on said real property; and
that the highest and best sum bid for said real property was the sum of
:$134,305.97 ("Bid Sum"), which was bid and offered by Wells Far.qo Bank, N.A.
successor by mer.qer to Wells Farqo Home Mortqa.qe, Inc. ("Successful Bidder")
and that after soliciting and calling for other and higher bids therefor, and
receiving none from those attending upon the sale, said real property was struck
off and sold by the undersigned to the Successful Bidder for the Bid Sum; and
that the Bid Sum was thereupon paid and the sale of said real property was then
and there completed as by law provided.
7. That the sum of $600.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Mortgagee as compensation for services actually
rendered in the foreclosure proceeding, said attorneys having made an affidavit
as required by the statutes of the State of Wyoming, a copy of said affidavit being
attached hereto as Exhibit C, and by this reference made a part hereof.
8. That the sale of the above-described real property was made
in full compliance with the provisions of the Mortgage thereby foreclosed and was
in all respects conducted in conformity with the requirements of the Wyoming
Statutes.
9. That said Successful Bidder shall be entitled to a deed to the
above-described real property, together with all improvements thereon situate
and all fixtures and appurtenances thereto, at and upon expiration of three (3)
months and thirty (30) days from and after June 21, 2005, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
DATED at Kemmerer, Lincoln County, State of Wyoming, this
21st day of June , 2005.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
Prin(~,4~me~ Jerry Glassc°ck
Title: Deputy Sheriff
39172
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Christensen 21309-1715 [05-05352]
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0909{;08
..00778
ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknOwledged before me by Jerry Glasscoek
Deputy Sheriff of Lincoln County, State of Wyoming, this ~---')LiF+~-'~ day oi
June , 2005.
Witness my hand and official seal.
County of ~ State of ~
Lincoln ~ Wycm3tng ~
My Commission EXpires March 07, 2007/
Notary Public
My Commission Expires:
39172
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Christensen 21309-1715 [05-05352]
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0909GOS
EXHIBIT A
00779
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
)SS.
COUNTY OF NATRONA )
Timothy M. Stubson of lawful age, being first duly sworn upon his
oath, deposes and says:
1. That he is an attorney admitted generally to practice law in
the State of Wyoming and is a member of the law firm of Brown, Drew & Massey,
LLP, who are the attorneys representin the M ·
foreclose a certain real esto*,-, ..... g- _ . 0rtgagee In a procedure to
"M°rt,qagg"), and recorded ,-,,-, ~i~..~'-'-u,Itga.g-e da[ed November 7, 2001 ~th,-
,., ~,, ¢,uvemDer 13, 2001 as/in Book aTn DD ~, r'~\ ....
844 in the records of the office of the County Clerk and ex-officio Register of
~,-,., ,r~ at r-'age
Deeds in and for Lincoln County, State of Wyoming, w,,h, erein Ricke,y, Ray
Christensen and Tawny P. Christensen, husband and wife (Mortgagor(s) ), the
named mortgagor(s), and Wells Fargo Home Mortgage, Inc. is the named
mortgagee; by advertisement and sale as provided under the provisions of Wyo.
Stat. §§ 34-4-101, et seq. (2003). The Mortgage was foreclosed by reason of
default having occurred under the terms of the note secured thereby.
2. That written notice of intent to foreclose the Mortgage by
advertisement and sale has been served upon the record owner and the person
in possession by certified mail, return receipt requested, mailed to the last known
address of the record owner and the person in possession at least ten (10) days
before commencement of the first publication of the notice of the foreclosure sale
as follows:
CERTIFIED MAIL NO. 7004 2510 0003 0859 2147
Rickey Ray Christensen
67 W Fourth Ave.
Alton, WY 831 10
CERTIFIED MAIL NO.7004 2510 0003 0859 2185
Rickey Christensen
P.O. Box 1357
Alton, WY 831 10
CERTIFIED MAIL NO.7004 2510 0003 0859 2154
Tawny p. Christensen
67 W Fourth Ave.
Afton, WY 831 10
CERTIFIED MAIL NO.7004 2510 0003 0859 2192
Tawny Christensen
P.O. Box 1357
Alton, WY 831 10
CERTIFIED MAIL NO. 7004 2510 0003 0859 2161
Occupant
67 W Fourth Ave.
Afton, WY 83110
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was April 28, 2005 and the date of the first publication of the notice
of foreclosure sale was May 12, 2005.
39172
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Christensen 21309-1715 [05-05352]
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,...00780
FURTHER AFFIANT SAYETH NAUGHT.
By:
Timot'~y M. Stubson
of Bro~vn, .,O'rew & Massey, LLP
159 Rerfh Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed i,~my presence and sworn to before me by Timothy M.
Stubson this _,,--fl/ day of/t~/2~_ ,2005.
Witness my hand and official seal.
/Nota~ ~ublic {T
My Commission Expires:
J~llu~ry 23, 2008
39172
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Christensen 21309-1715 [05-05352]
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0078
EXHIBIT B
PUBLISHER'S AFFIDAVIT
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Liucoln }
I rathleen RoSafisrSt duly sworn deposes and says that he/she is an employee of the
KEMMERER GAZETTE, a newspaper of general circulation, published in Kemmerer,
Lincoln County, in the State of Wyoming.
That the notice, a true copy of wlfich is hereto attached was published on the _ /2 ~
day of //~&e_/ ,2005 and was published in each succeeding week uutil the
day of &~ ,2005 beiug a period o ~M_ successive
week(s). That said newspa~? published wee~y on Thursday of each week.
Karhleefl Rosas
subscribed aud sworn to before me, the ff
GJ~'&~'-~ ., 2005.
Roxanne Rudy
Notary Public
County of Lincoln State of Wyoming
My Commission Expires 1/31/2009
.,.,. ' . .2~ORECLOSURE S~ENOTICE'% 4 ~, ::%. ~..!
-7" - WHEREAS; default ffi the payment of principal ~ifid interest ~as 0'¢di~i'~ed
Under the terms of'aprOrn{ssory ndte (the '!N0'{d")
executed and delivered by Rickey ,R, ay Chdsten's~i'~nd Ta~vny'Pi Chfistensen,
husl~'and and wife ("Mortgagor(s)') to Wells Fargo Home Mortgage, incl,
and'~ real'estate m~a/tgage (the'"Mortgage") of th~ sam~date securing' the
: Note ~hich Mortgage.was executed and delivered by said Mortgagor(S), to
!.' saidl~0rtgagee,, and ~hich ~q)I°rig'age Was recorded on November 13 200
lri/asCB0oE~i476 PR at Page!8'4~ ~if~ the records of the office of the Cdunt7
LClerk,:arid~;~x~0fficloi:Reg~Ster:'of Deeds m and'for Lincoln Courity, State o;f
Wyb~nih~i-and ..... ": 7.'. :"' '' :'
WHEREAS; the Mortgage' contains a power of sale which by reason of
smd, def~iult, the owner of the Note and the Mortgage declares to have become
operative; and no-suit or proceeding has been institx~ted.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 adver-
tisement and sale has been served upon the record owner .and the.party ih
possession of the mortgaged premises at least ten (10) days prior to the com-
mencement of this publication, and the amount due upon the Mortgage on the
date of first publication Of this notice of sale being the total sum of $13 ].429.01
which' sum consists of the unpaid principal balance of $124.420.42 plus inC
terest accrued to the date of the first publication of this nOtice in the anlount
of $5,830.95; plus late charges in, the amount of $368;8..6~ plus an escrow
advance in the amount of $223.21, plus other outstanding charges'ih the amount
of $585.57. plus attorneys' fees, costs expelt~ted~and'accruing interest and
late charges after the date of first publication of this notice of sale:
day of
WHEREh:St, Ther:pr~petty, be}ifglf~re¢losed upon ~i~lS?~t
hens and e~cfim~r~ees: ~atW~ flot;Fe ext~ngms~, ff ," .;,.s ·
spect~ve pure~agef s~oald~ege~eh{ ~e'stam~ of mie BeFOre
· · . ..... :, ' ' ' .~,~,.-.~c, .~.;~ ,~'~;; ~:3 ]:~2... :'-, ' '~' v
. :~OW,.~0~ Wcgs F~go B a~; N.A. ~ccessof~ merger to W lis
F~go Home MoAgage, Inc, as thd;o~ner of ~e Note ~d't~Mb~gAge, will
have. the M0~gage.~;reciosed as b~ law provided by cauSing't~e moAgage~
' ' , me Sgefiff or DeP~"g~efid in
~ ~Jadcr for cash at 10:00 e~cloC~
,described, ainounts secured by the i
L~ncoln ~ounty;
tenaiaces thereto." ~
P~b~sh: May 12,.19, 26~ June 2, 2~05r:~:')- '; ....
82601
05'12A
Cedificate of Sale
Christensen 21309-1715 [05-05352]
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
I Kathleen-:'c?:first duly sworn deposes and says that he/she is an employee of the
Rd~as
KEMMERER GAZETTE, a newspaper of general circulation, published in Kemmerer,
Lincoln County, in the State of Wyoming.
That the notice, a true copy of which is hereto attached was published on the
day of ~b~'x-~ ,2005 and was published in each succeeding week until the
/'~ ~-~ day of ~J'L'.4-q ,2005 being a period of.ff-2~-._ successive
week(s~/That said newsp~er is published weekly on Thursday of each week.
· Kqth~een'- ~o§as
subscribed and sworn to before me, the
~-./z4-~? ,2005.
Roxalme Rudy
Notary Public
County of Lincoln State of Wyoming
My Commission Expires 1/31/2009
__ CO SS,ON j
day of
NOTICE OF' POSTPONEMENT OFFORECLOSURE
· SALE
WHEREAS, default in the paymgnt of principal and interest has occurred
under the terms of a promissory note (the,"Note") dated November 7, 2001,
executed and delivered by Rickey Ray Christensen and Tawny P. Christensen.
h~sbancb and vyife ("Mortgagor(s)") to Wells Fargo Ho~e Mortgage, Inc.
("M6ftg'figee"),'and'~teal e~tat~ mbi-tgage (the "MOrtSage' )'of the ~ame dat~
securirig' tile 'Note, :u)hi'}li.'~Mo~g'a~e Wa~ ~x~¢U't~d *~ind' deii~/ered by
Mortgagor(s), to Mortgage~} afl'd wkiah Mbrtgage Was recorded in the records
of the Office of th~:C0im~ Cler~;and"e:/~0ffici~'~R~giste? or,Deeds in and for
Lincoln County, State of Wyoming, on November 13,2001'; as/in'Boo~k'476
PR at Page 844; .:,- . [~ ~ .... ..~, .~ ~ ., , : ....
WHEREAS. written notice of intent to foreclose the Mortgage by adver-"-
tis~i'nent and:. Sale, pUrstmnt,4o .the~tei:ms of'the Mortgage, has been served
upon the record owner and par~y, in possession.of, the mortgaged premises at
ieas~ ten'(l 0) days,prior, i0 ~:rst i~'Ubli~afi0n, o'f.~the fiotice Of sale' ~ .
?i~The'property covered b'~y said M6~gage::is deg6ribed as follows: T%~r~
i:'SThe W l/2EI/2 o f Lot 3 Of Bl~ele 1 ~..the:T°.wn OfAft6n, Lineol m
Wy6ming as described:on the :official plat: the[e?f,' !'.'.;: :.:4: ~:~; 'z, ~ .'~%.'13 J'.:/,..~-...
!?; Parael'ID:Ndmber: 0304500 With ah addr~sg 6f!65/vV;F6Uftfi'~KVe~A,~h~
? ~. NOTICE IS HEREBY GIVEN, pursuant to,W3iormng
34:4-109 :(2003) that the foreclosure sale of the above Mortgage,c~ch~dfilfid
f0r'Juh~: 7!'2005, at 10:00 a.m., at the front door of the Lincoln CountyCburt~
hbi~S~q'n th~ City of Kemmerer, Lincold Countyl State of wy0isxiiigi li~s be~fi
p6}tpor~ed to }u'l~E 2t. 2005i at 10!00, ii,m,/:i~t 'the. front ,door 'of'the,Lirie01n
County COurth6U§e,~Kemi-riereL~ Line01riCounty,. St&t~ of Wy°rningi. -~,~ :..,
., ..t -"Wells~Fatg~BafilZ N.A,'succe~so[ by:m~rgev'to.Wells Fargo Home
~- ' By: P. :Jaye'PJppley
;,; ~ !*,.}~,,.;{ ,., i 9 North Wolcot~'s[fe~t; Suite 200~
Publish: ~'June 16; ;20~)5 ..... ::- ......]..~ :5?.. !'~/::i.'i/}~ :j- !
39172
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0 09608 .. 007 $ 3
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
)SS.
COUNTY OF NATRONA )
Timothy M. Stubson, of lawful age, being first duly sworn upon his
oath, deposes and says:
1. That he is a resident attorney admitted generally to practice
law in the State of Wyoming and is a member of the law firm of Brown, Drew &
Massey, LLP, who are the attorneys representing the Mortgagee in a procedure
to foreclose a certain real estate mortgage.
2. That Brown, Drew & Massey, LLP, as attorneys for the
Mortgagee will charge the Mortgagee fees totaling $600.00 as compensation for
services actually rendered in the foreclosure proceeding.
3. That the above-mentioned fee for services rendered and
incurred in connection with the foreclosure sale shall be retained entirely by the
law firm of Brown, Drew & Massey, LLP. There is no agreement, express or
implied, between such attorneys and their client, nor between such attorneys
and any other person not a practicing attorney of the State of Wyoming engaged
with them as an attorney in this foreclosure proceeding, for any sharing or
division of said fee to be added to the debt involved, and said fee when so added
to the debt involved shall be only as compensation for services actually rendered
in the foreclosure proceeding by an attorney admitted to practice in the State of
Wyoming and residing therein.
FURTHER AFFIANT SAYETH NAUGHT. ~-~-
By: ~Stubson
of Brown,/D¢'~ & Massey, LLP
159 NortCCWolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed in my(~.~ and sworn to before
Stubson this (-/~/ day of . ,2005.
Witneffs my hand and official seal.
My Commission Expires:
I BARBARA A R/',.$MU~$EN-NOTARY PUBLIC
Natr,~na ,;~:;-. ;;~2 Wyoming
My Commission Exphe~ January 23, 2008
me by Timothy M.
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