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HomeMy WebLinkAbout909979CERTIFICATE OF SALE STATE OF WYOMING ) )SS. COUNTY OF LINCOLN ) 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 July 9, 2001, executed and delivered by Nick S. Merritt and Debbie Merritt, husband and wife to Mortgage Electronic Registration Systems, Inc. and (b) that certain mortgage dated July 9, 2001 (the "Mort.qaqe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 13, 2001, as/in Book 468 PR at Page 574, 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: That part of the SE1/4NW1/4 of Section 19, T31N R118W of the 6th P.M., Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 433PR on page 580 and 583, described as follows: Beginning at the intersection of the westerly right of way line of U.S. Highway 89 with the North line of said SE1/4NW1/4, N 89055'29'' W, 83.74 feet from the Northeast corner of the said SE1/4NW1/4; thence S 00°20'56'' W, 435.28 feet, along said westerly right of way line; thence N 89o55'29'' W, 700.53 feet , along a line parallel with the North line of said SE1/4NW1/4; thence N 00°20'56'' E, 435.28 feet, along a line parallel with said westerly right of way line, to the North line of said SE1/4NW1/4; thence S 89°55'29" E, 700.53 feet, along said North line, to the point of beginning with an address of 80425 S. US Highway 89, 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, Mortgage Electronic Registration Systems, 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 sale notice, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof. 41831 Certificate of Sale Merritt 21309-1737 [05-06304] Page 1 of 7 0909 ? ,.. 00 ! 8 2 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 June 9, 2005 issue of said newspaper and ending with the June 30, 2005 issue thereof; that said notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof, and that said notice as mailed and published, 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 notice 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 July 12, 2005 at 10:00 o'clock in the 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 $186,013.02 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, 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 $500.00 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 twelve (12) months and thirty (30) days from and after July 12, 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 day of ~o l~/ , 2005. Lee Gardner, Sheriff in and for Lincoln County, State of Wyoming Print Name: C,-~ Title: ~e~ ~-,- 41831 Certificate of Sale Merdtt 21309-1737 [05-06304] Page 2 of 7 ,.. O0.t8© ACKNOWLEDGMENT STATE OF WYOMING ) )SS. COUNTY OF LINCOLN ) The foregoing instrumerA was subscribed _in.-. r~y presence and acknowledgeda before me by { 0 (, ~t_~.-~ ~0, i/¢, ,~:::2~%.~"~,,,_")' , eputy Shpriff of Lincoln County,~S'~tate of Wyo~Q~j), this 1'~_--~ day of , 2005. - ~ - Witness my hand and official seal. My Commission Expires: 41831 Certificate of Sale Merritt 21309-1737 [05-06304] Page 3 of 7 ? 0:909 0018 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING ) )SS. COUNTY OF NATRONA ) P. Jaye Rippley of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she 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 representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated July 9, 2001 (the "Mort,qa,qe"), and recorded on July 13, 2001 as/in Book 468 PR at Page 574 in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Nick S. Merritt and Debbie Merritt, husband and wife ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, 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, and that a copy of the published Foreclosure Sale Notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIED MAIL NO, NOh 7005 0390 0006 2015 9281 CERTIFIED MAIL NO. FSN: 7005 0390 0006 2015 9663 Nick S. Merritt 80425 S. US Highway 89 Afton, WY 83110 CERTIFIED MAIL NO. NOh 7005 0390 0006 2015 9298 CERTIFIED MAIL NO. FSN: 7005 0390 0006 2015 9670 Debbie Merritt 80425 S. US Highway 89 Afton, WY 83110 CERTIFIED MAIL NO. NOl: 7005 0390 0006 2015 9335 CERTIFIED MAIL NO. FSN: 7005 0390 0006 2015 9717 Nick S. Merritt P.O. Box 1507 Afton, WY 83110 CERTIFIED MAIL NO. NOh 7005 0390 0006 2015 9342 CERTIFIED MAIL NO. FSN: 7005 0390 0006 2015 9724 Debbie Merritt P.O. Box 1507 Afton, WY 83110 CERTIFIED MAIL NO. NOh 7005 0390 0006 2015 9328 CERTIFIED MAIL NO. FSN: 7005 0390 0006 2015 9700 First National Bank-West 100 Greys River Road Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 700503900006 2015 9304 CERTIFIED MAIL NO. FSN: 700503900006 2015 9687 Occupant 80425 S. US Highway 89 Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 27, 2005 and the date of the first publication of the notice of foreclosure sale was June 9, 2005. 41831 Certificate of Sale Merritt 21309-1737 [05-06304] Page 4 of 7 FURTHER AFFIANT SAYETH NAUGHT. P. Jay~ ~ipple0 of Brown, Drew & Massey, LLP 169 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 Rippley this My Commission Expires: _~bscribed,,,~n m.y presence and sworn to before me by P. Jaye dayT~ ,2005. Witness my hand and official seal. /p otary Public "/ .... ? r ~ BARBAI~A A. RA$,'C,~,~'~EN.NOTAR¥ PUBLIC ! Co,,i,':i,, ,:4 ,' ".~ State of % My Commission Exph'ss January 23, 2008 41831 Certificate of Sale Merritt 21309-1737 [05-06304] Page 5 of 7 EXHIBIT B KI!IMMERIIR GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming WHEREAS, default in the payment of principal:and iht'Crest' under the terms of a pr6missory note (the "Note") date&July 9 '2001, ecuted and delivered by Nick S. Men'itt and Debbie Merritt, husband and fie (Mortgagor(s) ) to Mortgage Electromc Reg~stratmn Systems, Inc., and a real estate mortgage (the "Mortgage") of the same date securing the Nord, which Mortgage was executed and delivered by'said Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on July '13, 2001, in/as Book; 468 PR at Page 574 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 WHEREAS, the Mortgage contains a power of sale which by reason of said default, the owner of the Note and the Mortgage 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 'stilt 6t 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 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 $183,779.56 which sum consists of the unpaid principal balance of $175,939.84 plus in-' terest accrued to the date of the first publication of this notice in thc amount of $5,513.83, plus late charges in the amount of $2345.06, plus an escrow advance in the amount of $32.83, plus other outstanding charges in the amount of $148.00. plus attorneys' fees, costs expended, and accruing interest late charges after the date of first publication of this notice 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 pro- spective purchaser should research the status of title before submitting a bidl NOW, THEREFORE Mortgage Electronic Registration Systems, Inc.,. aa the owner of the Note and the Mortgage, will have, the Mortgage foreclosed. as by law provided by causing the mortgaged property to be sold at public vendue 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 July 12. 2005 at the front door of the Lincohi County Courthouse in Kemmerer, Lin- __ coin County, Wyoming, for application on the above-described amounts se- cured by the Mortgage, said mortgaged property being described as follows,i to-wit: That part of the SEI/4NWI/4 of Section 19, T31N Rll8W of the 6~h P.M., Lincoli~ County, Wyoming, being part of that tract of record in the Of- ficep~,!~e~e~rk of Lincoln County in Book 433PR on,~agetb~0 a~d 583~nul Beginning at the intersection of the westerly right of way line of U.S. -Highway 89 with the North line of said SE I/4NW 1/4. N 89°55'29" W, 83.74 feet from the Northeast corner of the said SE1/dNW1/4; thence S 00?20'56" W, 435.28 feet, along said westerly right of way line; thence N 89055'29'' W, 700.53 feet, along a line parallel with the North line of said SEI/4NW1/4; . '.?: thence N 00°20'56" E, 435.28 feet, along a line parallel with said West-' erly right of way line, to the North line of said SEI/4NW I/4; thence S 89055'29.' E, 700~53 feet, along said North line, tO the point'of beginning with an address of 80425 S. US'Highway 89, Alton, WY 83110 Together with all improvements thereon situate and all fixtures and appur; tenances thereto. ., '. Mortgage Electronic Registration Systems, By: P. Jaye Rippley. Brown, Drew & Massey, LLP' 159 North Wolcott Street, Suite 20~3'. Casper, Wyoming 82601 Publish: June 9, 16, 23, 30, 2005 0609 Kemmerer ; STATE OF WYOMING ) SS. County of Lincoln I, Michael Jensen, do solemnly swear that I am the publisher of the Kemmerer Gazette, a weekly paper of general circulation, published once a week at Kemmerer, Lincoln County, Wyoming; that the notice attached hereto, and which is part of the affidavit, was published in said newspaper fo¢~&&(jnsegions, the first publication having been made on the day of A.D., 20 t9 ~, and the last publication on the --~O~day of .J &~q--A A.D., 20d2_-~; that said notice was published in a regular and entire issue of the paper(s) in which it was published; and that said notice was published in the newspaper proper, supplement. and not in a MichaL~el n~sen, Publisher Subscribed in my presence and sworn to before me on this /6/-46 day of j/t&/ A.D., 20 tO ~ 41831 Certificate of SaFe Merritt 21309-1737 [05-06304] Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) )SS. COUNTY OF NATRONA ) P. Jaye Rippley, of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she 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 $500.00 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. - ~P. Jaye ~ipple(y.) of Brown, Drew & Massey, LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (S07) 234-1000 j~ubscribed~ mi/ presence and sworn to before me by P. Jaye Rippley this ~,~ day of ~ ,2005. Witness my hand and off.~al seal. My Commission Expires: /~otary Public ' '~/ County of .¢~:.¢: ,,rite of 41831 Cedificate of Sale Merritt 21309-1737 [05-06304] Page 7 of 7